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House Bill 0875

Florida House of Representatives - 1997 HB 875 By Representative Crady 1 A bill to be entitled 2 An act relating to saltwater fisheries; 3 amending s. 370.25, F.S.; providing 4 requirements with respect to the artificial 5 reef program within the Department of 6 Environmental Protection; authorizing the 7 department to establish criteria for 8 determining eligibility of nonprofit 9 organizations to apply for and receive 10 available reef development funds; directing the 11 department to develop a plan; providing that 12 certain acts are unlawful; providing penalties; 13 providing for disposal of certain materials; 14 providing that certain persons are deemed 15 responsible for violations; providing for 16 administrative fines; providing an effective 17 date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 370.25, Florida Statutes, is 22 amended to read: 23 370.25 Artificial fishing reef program; construction 24 grants to local governments.-- 25 (1) An artificial fishing reef program is created 26 within the Department of Environmental Protection to enhance 27 saltwater fishing opportunities and to promote proper 28 management of fisheries resources associated with artificial 29 reefs for the public interest. Under the program, the 30 department shall provide grants and technical assistance to 31 coastal local governments and eligible nonprofit organizations 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 875 209-200A-97 1 under s. 501(c)(3) of the Internal Revenue Code for the siting 2 and development of constructing saltwater artificial fishing 3 reefs, as well as monitoring and evaluating their 4 recreational, economic, and biological effectiveness. The 5 program may shall be funded from state, federal, and private 6 contributions. 7 (2) The department may shall adopt by rule procedures 8 for submitting a grant application and criteria for allocating 9 available funds. Such criteria shall include, but not be 10 limited to, the following: 11 (a) The number of artificial fishing reefs and the 12 extent of the natural reef community currently located in the 13 general vicinity; 14 (b) The documented demand and public support for the 15 proposed reef; 16 (c) The number of public and private access points to 17 the proposed reef; 18 (d) The commitment of the local government or 19 authorized nonprofit organization under s. 501(c)(3) of the 20 Internal Revenue Code to provide funds or other support for 21 the development, monitoring, evaluation, and management of to 22 construct and maintain the proposed reef; and 23 (e) The estimated cost for developing or monitoring of 24 constructing the proposed reef;. 25 (f) The stated objectives for developing or evaluating 26 the reef and a means to measure the level of attainment of 27 these objectives; and 28 (g) The ability of applicants to conduct artificial 29 reef monitoring projects using established scientific protocol 30 either independently or in collaboration with marine research 31 entities. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 875 209-200A-97 1 (3) The department shall establish criteria for 2 siting, constructing, managing, and evaluating the 3 effectiveness of artificial reefs, including the specification 4 of what materials are permissible to use in constructing, 5 fishing reefs and guidelines for managing, monitoring, and 6 assessing the productivity of artificial fishing reefs. No 7 material shall be permitted to be used as an artificial reef 8 under conditions where hurricane force storm events could 9 reasonably be expected to cause the underwater lateral 10 movement of such material off the permitted reef site, or 11 cause substantial structural failure of the material. No 12 material shall be permitted to be used as an artificial reef 13 which has a demonstrated life expectancy in seawater as a 14 functioning reef community of less than 20 years, or in 15 construction which has not been found to be safe for marine 16 life and human health by the department. Each artificial reef 17 must be constructed in a manner that is consistent with the 18 public interest, will not harm the marine environment, or will 19 not impede navigation or other traditional uses. 20 (4) The department shall establish criteria for 21 determining the eligibility of nonprofit organizations under 22 s. 501(c)(3) of the Internal Revenue Code to apply for and 23 receive available reef development or evaluation funds. Such 24 criteria shall include, but not be limited to, the following: 25 (a) The organization must show proof that it is a 26 nonprofit organization under s. 501(c)(3) of the Internal 27 Revenue Code currently operating in full compliance with U.S. 28 Internal Revenue Service regulations defining and governing 29 such organizations. 30 (b) The organization shall have as one of its 31 principal charges the development or monitoring of artificial 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 875 209-200A-97 1 reefs and shall agree to use the best science-based management 2 practices available. 3 (c) The organization shall be a not-for-profit Florida 4 corporation and have its principal place of business within 5 the state. 6 (5) The department's artificial reef program shall 7 track artificial reef development activities statewide and 8 maintain a computer database of this activity for the public 9 interest and to facilitate long-range planning and 10 coordination within the department and among local 11 governments. 12 (6) The department shall develop, implement, and 13 maintain a comprehensive artificial reef development plan for 14 the state that shall reflect the provisions of this section 15 and any additional sections and rules that reflect the public 16 interest in saltwater reef development. 17 (7) It is unlawful for any person to: 18 (a) Transport on or across state waters potential 19 reef-construction materials, unless a signed inspection 20 manifest issued by the department or a department-certified 21 inspector is on board the transporting vessel. The manifest 22 shall serve as authorization to use a valid artificial reef 23 site; shall describe and quantify the inspected 24 reef-construction material being transported; and shall 25 include the coordinates of the proposed reef deployment 26 destination, the valid reef site permit number, and a copy of 27 the permit conditions for the reef site authorized for use. 28 The manifest must be available for inspection upon request by 29 an authorized law enforcement officer or designated employee 30 of the department. The vessel captain or reef site 31 permitholder must return a copy of the manifest along with the 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 875 209-200A-97 1 reef-construction placement coordinates and deployment date to 2 the department within 30 days after placement of the inspected 3 reef material. 4 (b) Store on a vessel potential reef-construction 5 material, unless the materials have been inspected and 6 approved or are scheduled to be inspected. 7 (c) Place artificial-reef-construction materials in 8 state water outside zones permitted under the terms and 9 conditions defined in the applicable environmental permits and 10 under U.S. Army Corps of Engineers permits held by the 11 department or a local government. 12 (d) Place in state waters artificial-reef-construction 13 materials that have not been inspected and approved by the 14 department or a department-certified inspector. 15 (8)(a) An initial violation of subsection (7) is a 16 misdemeanor of the first degree, punishable as provided in s. 17 775.082 or s. 775.083. A violation of subsection (7) 18 committed within 12 months after a previous violation of that 19 subsection is a felony of the third degree, punishable as 20 provided in s. 775.082 or s. 775.083. 21 (b) If a violation of paragraph (7)(a),(c), or (d) 22 occurs, a law enforcement officer shall terminate a vessel's 23 voyage and order the vessel operator to return immediately to 24 port. The vessel operator shall immediately dispose of the 25 materials according to applicable waste-disposal laws. 26 (c) If, at the time of the violation, the vessel that 27 is involved in the violation: 28 1. Is moored, the registered owner of the vessel is 29 responsible for the violation. 30 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 875 209-200A-97 1 2. Is underway, the captain or operator of the vessel 2 and the registered owner of the vessel are responsible for the 3 violation. 4 (d) In addition to seeking criminal penalties for a 5 violation of subsection (7), the department may levy an 6 administrative fine in an amount not to exceed $5,000, may 7 seek civil penalties, and may revoke existing 8 reef-construction permits and other state marine licenses held 9 by the violator. 10 Section 2. This act shall take effect upon becoming a 11 law. 12 13 ***************************************** 14 HOUSE SUMMARY 15 Provides for an artificial reef program within the 16 Department of Environmental Regulation to enhance saltwater fishing opportunities and to promote management 17 of fisheries resources associated with artificial reefs for the public interest and directs the department to 18 provide grants and technical assistance to coastal local government and nonprofit organizations qualified under s. 19 501(c)(3) of the Internal Revenue Code for siting, constructing, monitoring, and evaluating the 20 effectiveness of saltwater artificial reefs. Authorizes the department to establish criteria for available reef 21 development funds. Directs the department to establish criteria for determining the eligibility of nonprofit 22 organizations to apply for and receive available reef development funds. Directs the department to establish 23 criteria for siting, constructing, managing, and evaluating the effectiveness of artificial reefs. 24 Directs the department to develop, implement, and maintain a comprehensive artificial reef development 25 plan. Provides penalties for violations of the act relating to artificial reefs. See bill for details. 26 27 28 29 30 31 6