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House Bill 0903

Florida House of Representatives - 1997 HB 903 By Representative Laurent 1 A bill to be entitled 2 An act relating to marine fisheries; amending 3 s. 370.01, F.S.; defining "netting," "netting 4 material," "net," and "miles" for purposes of 5 chapter 370, F.S., and s. 16, Art. X of the 6 State Constitution, and the enforcement 7 responsibilities of the Department of 8 Environmental Protection thereunder; amending 9 s. 370.021, F.S.; providing that specified 10 violations of administrative rules, the Florida 11 Statutes, and the constitutional ban on the use 12 of certain nets are major violations; providing 13 penalties; prohibiting a court from suspending, 14 deferring, or withholding adjudication of guilt 15 in specified circumstances; providing for the 16 suspension of violators' licenses and 17 prohibiting participation in fishing during the 18 period of suspension; providing restrictions on 19 operation; deleting obsolete provisions; 20 requiring a court to notify the Department of 21 Environmental Protection of the disposition of 22 cases; providing for the admissibility of 23 Marine Fisheries Commission rules into 24 evidence; amending s. 370.025, F.S.; permitting 25 the adoption of conservation and management 26 measures when available information is 27 incomplete or inconclusive; amending s. 28 370.062, F.S.; deleting a requirement for 29 rulemaking for the issuance of tarpon tags; 30 deleting a requirement for the annual issuance 31 of tarpon tags; amending s. 370.0821, F.S.; 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 revising the mesh size of a recreational net 2 allowed in St. Johns County; amending s. 3 370.092, F.S.; deleting provisions relating to 4 major violations, fines and penalties, and 5 authority of the court; amending s. 370.14, 6 F.S.; deleting a requirement that a marine 7 patrol officer be present at the weighing of 8 crawfish during the closed season; amending s. 9 370.142, F.S.; providing additional penalties 10 for violation of crawfish laws; amending s. 11 370.15, F.S.; revising shrimp trawling 12 regulations; repealing s. 370.08(7), F.S., 13 relating to the use of gear and other 14 equipment; repealing s. 370.0821(3), F.S., 15 relating to the use of nets in St. Johns 16 County; repealing s. 370.11(2) and (3), F.S., 17 relating to the length of saltwater fish and 18 the use of nets to harvest shad; repealing s. 19 370.1125, F.S., relating to the harvest of 20 permit; repealing s. 370.114, F.S., relating to 21 the taking of corals and sea fans; repealing s. 22 370.13(2), F.S., relating to a major violation 23 involving stone crabs; repealing s. 370.135(2), 24 (3), and (4), F.S., relating to the harvest and 25 sale of blue crabs; repealing s. 370.14(6), 26 F.S., relating to a major violation involving 27 crawfish; repealing s. 370.15(2) and (3), F.S., 28 relating to the harvest of shrimp; repealing s. 29 370.151(2), F.S., relating to the Tortugas 30 shrimp beds; repealing s. 370.153(4)(c), (d), 31 (e), and (5)(b), (d), F.S., relating to the 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 harvest of shrimp in Clay, Duval, Nassau, 2 Putnam, Flagler, and St. Johns Counties; 3 repealing s. 370.156, F.S., relating to the 4 Florida East Coast Shrimp Bed; repealing s. 5 370.157, F.S., relating to the harvest of 6 shrimp in the Cedar Key closed area; providing 7 an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsections (27), (28), and (29) are added 12 to section 370.01, Florida Statutes, 1996 Supplement, to read: 13 370.01 Definitions.--In construing these statutes, 14 where the context does not clearly indicate otherwise, the 15 word, phrase, or term: 16 (27) As used in, and pursuant to the department's 17 enforcement responsibilities under, this chapter and s. 16, 18 Art. X of the State Constitution, "netting" and "netting 19 material" means a meshed structure of indefinite shape and 20 size, which is the raw material for the construction of 21 fishing gear, especially for fishing nets, irrespective of the 22 material from which the device has been made, or of the size 23 or shape of the single meshes of which the netting is 24 composed. 25 (28) As used in, and pursuant to the department's 26 enforcement responsibilities under, this chapter and s. 16, 27 Art. X of the State Constitution, "net" means an open fabric 28 of any material that is woven, tied, or otherwise constructed 29 with meshes of any size and which is designed or used as a 30 device for catching fish or aiding in the catching of fish. 31 The composition of a net includes any attached material that 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 adds to the fishing surface of the net or the confinement area 2 of the net structure. 3 (29) As used in, and pursuant to the department's 4 enforcement responsibilities under, this chapter and s. 16, 5 Art. X of the State Constitution, "miles" shall be construed 6 as international nautical miles, each of which is equal to 7 1,852 meters. 8 Section 2. Subsections (2) and (3) of section 370.021, 9 Florida Statutes, 1996 Supplement, are amended to read: 10 370.021 Administration; rules, publications, records; 11 penalty for violation of chapter; injunctions.-- 12 (2) PENALTY FOR VIOLATION.--Unless otherwise provided 13 by law, any person, firm, or corporation who is convicted for 14 violating any provision of this chapter, any rule of the 15 department adopted pursuant to this chapter, or any rule of 16 the Marine Fisheries Commission, shall be punished: 17 (a) Upon a first conviction, by imprisonment for a 18 period of not more than 60 days or by a fine of not less than 19 $100 nor more than $500, or by both such fine and 20 imprisonment. 21 (b) On a second or subsequent conviction within 12 22 months, by imprisonment for not more than 6 months or by a 23 fine of not less than $250 nor more than $1,000, or by both 24 such fine and imprisonment. 25 (c) In addition to the penalties provided in 26 paragraphs (a) and (b), the court shall assess additional 27 penalties against any person, firm, or corporation convicted 28 of major violations as follows: 29 1. For a violation involving more than 100 illegal 30 blue crabs, crawfish, or stone crabs, an additional penalty of 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 $10 for each illegal blue crab, crawfish, stone crab, or part 2 thereof. 3 2. For a violation involving the taking or harvesting 4 of shrimp from a nursery or other prohibited area, an 5 additional penalty of $10 for each pound of illegal shrimp or 6 part thereof. 7 3. For a violation involving the taking or harvesting 8 of oysters from nonapproved areas or the taking or possession 9 of unculled oysters, an additional penalty of $10 for each 10 bushel of illegal oysters. 11 4. For a violation involving the taking or harvesting 12 of clams from nonapproved areas, an additional penalty of $100 13 for each 500 count bag of illegal clams. 14 5. For a violation involving the taking, harvesting, 15 or possession of any of the following species, which are 16 endangered, threatened, or of special concern: 17 a. Shortnose sturgeon (Acipenser brevirostrum); 18 b. Atlantic sturgeon (Acipenser oxyrhynchus); 19 c. Common snook (Centropomus undecimalis); 20 d. Atlantic loggerhead turtle (Caretta caretta 21 caretta); 22 e. Atlantic green turtle (Chelonia mydas mydas); 23 f. Leatherback turtle (Dermochelys coriacea); 24 g. Atlantic hawksbill turtle (Eretmochelys imbricata 25 imbracata); 26 h. Atlantic ridley turtle (Lepidochelys kempi); or 27 i. West Indian manatee (Trichechus manatus 28 latirostris), 29 30 an additional penalty of $100 for each unit of marine life or 31 part thereof. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 6. For a second or subsequent conviction within 24 2 months for any violation of the same law or rule involving the 3 taking or harvesting of more than 100 pounds of any finfish, 4 an additional penalty of $5 for each pound of illegal finfish. 5 7. For any violation involving the taking, harvesting, 6 or possession of more than 1,000 pounds of any illegal 7 finfish, an additional penalty equivalent to the wholesale 8 value of the illegal finfish. 9 8.a. It shall be a major violation for any person, 10 firm, or corporation to be simultaneously in possession of any 11 species of mullet in a quantity that is in excess of the 12 recreational daily bag limit and any gill or other entangling 13 net as defined in s. 16(c), Art. X of the State Constitution. 14 Simultaneous possession under this provision shall include 15 possession of mullet and gill or other entangling nets on 16 separate vessels or vehicles if such vessels or vehicles are 17 operated in coordination with one another, including vessels 18 towed behind a main vessel. 19 b. It shall be a major violation for any person to be 20 in possession of any species of snook, tarpon, bonefish, or 21 redfish in a quantity that is three fish in excess of the 22 recreational or commercial daily bag limit, or any species of 23 trout in a quantity that is in excess of 10 fish more than the 24 recreational or commercial daily bag limit. 25 9.a. In addition to being subject to the other 26 penalties provided in this chapter, any violation of s. 16, 27 Art. X of the State Constitution, subparagraph 8., s. 28 370.092(2), or any rules of the Marine Fisheries Commission 29 which implement the gear prohibitions and restrictions 30 specified therein shall be considered a major violation; and 31 any person, firm, or corporation receiving any judicial 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 disposition other than acquittal or dismissal of such 2 violation shall be subject to the following additional 3 penalties: 4 (I) For a first major violation, a civil penalty of 5 $2,500 and suspension of all saltwater products license 6 privileges for 90 calendar days following final disposition 7 shall be imposed. 8 (II) For a second major violation under this 9 subparagraph charged within 7 years of a previous judicial 10 disposition of a violation under this subparagraph, which 11 results in a second judicial disposition other than acquittal 12 or dismissal, a civil penalty of $5,000 and suspension of all 13 saltwater products license privileges for 12 months shall be 14 imposed. 15 (III) For a third major violation under this 16 subparagraph, charged within a 7-year period following the 17 first major violation, resulting in a third judicial 18 disposition other than acquittal or dismissal, a civil penalty 19 of $5,000, lifetime revocation of the saltwater products 20 license, and forfeiture of all gear and equipment used in the 21 violation shall be imposed. 22 (IV) A fourth or subsequent major violation under this 23 subparagraph charged within a 7-year period following the 24 first major violation, resulting in a fourth or subsequent 25 judicial disposition other than acquittal or dismissal, shall 26 be a felony of the third degree punishable as provided in s. 27 775.082, s. 775.083, or s. 775.084. 28 29 A court may suspend, defer, or withhold adjudication of guilt 30 or imposition of sentence only for any first violation of s. 31 16, Art. X of the State Constitution, or any rule or statute 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 implementing its restrictions, and only when determined by a 2 court after consideration of competent evidence of mitigating 3 circumstances to be a nonflagrant or minor violation of those 4 restrictions upon the use of nets. Any violation of s. 16, 5 Art. X of the State Constitution, or any rule or statute 6 implementing its restrictions, occurring within a 7-year 7 period commencing upon the conclusion of any judicial 8 proceeding resulting in any outcome other than acquittal shall 9 be punished as a second, third, or subsequent violation 10 accordingly. 11 b. During the period of suspension or revocation of 12 saltwater license privileges under this section, the licensee 13 may not participate in the taking or harvesting or attempt the 14 taking or harvesting of saltwater products from any vessel 15 within the waters of the state, or any other activity 16 requiring a license, permit, or certificate issued pursuant to 17 this chapter. Any person who violates the provisions of this 18 sub-subparagraph is: 19 (I) Upon a first conviction, guilty of a misdemeanor 20 of the first degree, punishable as provided in s. 775.082 or 21 s. 775.083. 22 (II) Upon a second or subsequent conviction, guilty of 23 a felony of the third degree, punishable as provided in s. 24 775.082, s. 775.083, or s. 775.084. 25 c. Upon reinstatement of saltwater license privileges 26 suspended pursuant to a violation of this section, a licensee 27 owning or operating a vessel containing or otherwise 28 transporting in or on Florida waters any gill net or other 29 entangling net, or containing or otherwise transporting in 30 nearshore and inshore Florida waters any net containing more 31 than 500 square feet of mesh area shall remain restricted for 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 a period of 12 months following reinstatement, to operation 2 under the following conditions: 3 (I) Vessels subject to this reinstatement period shall 4 be restricted to the corridors established by department rule. 5 (II) A violation of the reinstatement period 6 provisions shall be punishable pursuant to paragraphs (a) and 7 (b). 8 d. Rescission and revocation proceedings under this 9 section shall be governed by chapter 120. 10 8.a. In addition to being subject to the other 11 penalties provided in this chapter, any intentional violation 12 of rule 46-4.007(1), Florida Administrative Code, shall be 13 considered a major violation, and any person, firm, or 14 corporation committing such violation shall be subject to the 15 following additional penalties: 16 (I) For a first violation within a 7-year period, 17 suspension of the saltwater products license for 90 days. 18 (II) For a second major violation within a 7-year 19 period, a civil penalty of $5,000 and suspension of the 20 saltwater products license for 12 months. 21 (III) For a third or subsequent major violation within 22 a 7-year period, a civil penalty of $5,000, lifetime 23 revocation of the saltwater products license, and forfeiture 24 of all gear and equipment used in the violation. 25 b. During any period of license suspension or 26 revocation under this section, the licensee may not fish from 27 any vessel that is harvesting saltwater products. 28 c. The Department of Environmental Protection may 29 bring a civil action to enforce the civil penalties prescribed 30 in this section. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 Notwithstanding the provisions of s. 948.01, and except as 2 provided under sub-subparagraph 9.a., a no court may not 3 suspend, defer, or withhold adjudication of guilt or 4 imposition of sentence for any major violation prescribed in 5 this paragraph. 6 (d) The proceeds from the penalties assessed pursuant 7 to paragraph (c) shall be deposited into the Marine Resources 8 Conservation Trust Fund to be used for marine fisheries 9 research. 10 (e) Permits issued to any person, firm, or corporation 11 by the department to take or harvest saltwater products, or 12 any license issued pursuant to s. 370.06 or s. 370.07 may be 13 suspended or revoked by the department, pursuant to the 14 provisions and procedures of s. 120.60, for any major 15 violation prescribed in paragraph (c): 16 1. Upon a second conviction for a violation which 17 occurs within 12 months after a prior violation, for up to 60 18 days. 19 2. Upon a third conviction for a violation which 20 occurs within 24 months after a prior violation, for up to 180 21 days. 22 3. Upon a fourth conviction for a violation which 23 occurs within 36 months after a prior violation, for a period 24 of 6 months to 3 years. 25 (f) Upon the arrest and conviction for a major 26 violation involving stone crabs, the licenseholder must show 27 just cause why his or her license should not be suspended or 28 revoked. For the purposes of this paragraph, a "major 29 violation" means a major violation as prescribed in paragraph 30 (c) for illegal stone crabs; any single violation involving 31 possession of more than 25 stone crabs during the closed 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 season or possession of 25 or more whole-bodied or egg-bearing 2 stone crabs; any violation for trap molestation, trap robbing, 3 or pulling traps at night; or any combination of violations in 4 any 3-consecutive-year period wherein more than 75 illegal 5 stone crabs in the aggregate are involved. 6 (g) Upon the arrest and conviction for a major 7 violation involving crawfish, the licenseholder must show just 8 cause why his or her license should not be suspended or 9 revoked. For the purposes of this paragraph, a "major 10 violation" means a major violation as prescribed in paragraph 11 (c) for illegal crawfish; any single violation involving 12 possession of more than 25 crawfish during the closed season 13 or possession of more than 25 wrung crawfish tails or more 14 than 25 egg-bearing or stripped crawfish; any violation for 15 trap molestation, trap robbing, or pulling traps at night; or 16 any combination of violations in any 3-consecutive-year period 17 wherein more than 75 illegal crawfish in the aggregate are 18 involved. 19 (h) Upon the arrest and conviction for a major 20 violation involving blue crabs, the licenseholder shall show 21 just cause why his or her saltwater products license should 22 not be suspended or revoked. This paragraph shall not apply 23 to an individual fishing with no more than five traps. For 24 the purposes of this paragraph, a "major violation" means a 25 major violation as prescribed in paragraph (c) for illegal 26 blue crabs, any single violation wherein 50 or more illegal 27 blue crabs are involved, or any combination of violations in 28 any 3-consecutive-year period wherein more than 100 illegal 29 blue crabs in the aggregate are involved. 30 (i) Upon the conviction for a major violation 31 involving finfish, the licenseholder must show just cause why 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 his or her saltwater products license should not be suspended 2 or revoked. For the purposes of this paragraph, a major 3 violation is as prescribed in paragraph (c) for the taking and 4 harvesting of illegal finfish, any single violation involving 5 the possession of more than 100 pounds of illegal finfish, or 6 any combination of violations in any 3-consecutive-year period 7 wherein more than 200 pounds of illegal finfish in the 8 aggregate are involved. 9 (j) Upon final disposition of any alleged offense for 10 which a citation for any violation of this chapter or the 11 rules of the Marine Fisheries Commission has been issued, the 12 court shall, within 10 days, certify the disposition to the 13 department. 14 (f)1. In cases involving the intentional or 15 unintentional killing of any species of tarpon, snook in 16 excess of five fish per person, sailfish, or bonefish during a 17 fishing operation wherein the targeted species is legal to 18 harvest, the method of fishing and type of gear used are 19 legal, and the fish are killed as a direct result of such 20 otherwise legal fishing operations, the department shall 21 assess a civil penalty of $100 for each snook killed in excess 22 of five fish per person, or tarpon, sailfish, or bonefish 23 killed in excess of any bag limit. In collecting penalties, 24 the department shall assess an equal share of the applicable 25 penalty to each fisher actually involved in the fishing 26 operation. 27 2. The civil penalty shall be paid in full to the 28 department within 30 calendar days of official notification. 29 The department may suspend the saltwater products license or 30 other saltwater fishing license of any person or boat not 31 paying the required civil penalty within the specified time 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 period. Persons contesting the assessment of any civil 2 penalties or any license suspension pursuant to this section 3 shall be entitled to a hearing pursuant to the provisions of 4 chapter 120. 5 3. All moneys collected by the department pursuant to 6 this paragraph shall be deposited into the Marine Resources 7 Conservation Trust Fund. 8 (3) RULES; ADMISSIBILITY AS EVIDENCE.--Rules and 9 regulations of the department shall be admitted as evidence in 10 the courts of the state when accompanied by an affidavit from 11 the secretary of the department certifying that the rule or 12 regulation has been lawfully adopted, promulgated, and 13 published. Rules of the Marine Fisheries Commission shall be 14 admitted as evidence in the courts of the state when 15 accompanied by such an affidavit from the executive director 16 of the commission or his or her designee.; and Such affidavit 17 shall be prima facie evidence of proper adoption, 18 promulgation, and publication of the rule or regulation. 19 Section 3. Paragraph (b) of subsection (2) of section 20 370.025, Florida Statutes, is amended to read: 21 370.025 Marine fisheries; policy and standards.-- 22 (2) All rules relating to saltwater fisheries adopted 23 by the department pursuant to this chapter or adopted by the 24 Marine Fisheries Commission and approved by the Governor and 25 Cabinet as the Board of Trustees of the Internal Improvement 26 Trust Fund shall be consistent with the following standards: 27 (b) Conservation and management measures shall be 28 based upon the best information available, including 29 biological, sociological, economic, and other information 30 deemed relevant by the commission. This standard must not be 31 construed to prevent the adoption of conservation and 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 management measures in accordance with paragraph (a), when the 2 available biological information is incomplete or inconclusive 3 as to the exact status of a particular species or groups of 4 species. 5 Section 4. Subsection (2) of section 370.062, Florida 6 Statutes, 1996 Supplement, is amended to read: 7 370.062 Department of Environmental Protection license 8 program for tarpon; fees; penalties.-- 9 (2) The number of tags to be annually issued shall be 10 determined by rule of the Marine Fisheries Commission. The 11 rule shall be adopted prior to November 30 of each year for 12 the upcoming calendar year. The commission shall in no way 13 allow the issuance of tarpon tags to adversely affect the 14 tarpon population. 15 Section 5. Paragraph (a) of subsection (5) of section 16 370.0821, Florida Statutes, is amended to read: 17 370.0821 St. Johns County; use of nets.-- 18 (5)(a) The term "recreational net" means a seine or 19 similar net not exceeding 100 feet in length, with mesh no 20 smaller than 2 1/2 inches, set and hauled solely by hand and 21 without use of any motor-driven boat or vehicle. 22 Section 6. Section 370.092, Florida Statutes, 1996 23 Supplement, is amended to read: 24 370.092 Carriage of proscribed nets across Florida 25 waters.-- 26 (1) This section applies to all vessels containing or 27 otherwise transporting in or on Florida waters any gill net or 28 other entangling net and to all vessels containing or 29 otherwise transporting in or on Florida waters any net 30 containing more than 500 square feet of mesh area the use of 31 which is restricted or prohibited by s. 16, Art. X of the 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 State Constitution. This section does not apply to vessels 2 containing or otherwise transporting in or on Florida waters 3 dry nets which are rolled, folded, or otherwise properly 4 stowed in sealed containers so as to make their immediate use 5 as fishing implements impracticable. 6 (2) Every vessel containing or otherwise transporting 7 in or on Florida waters any gill net or other entangling net 8 and every vessel containing or otherwise transporting in or on 9 nearshore and inshore Florida waters any net containing more 10 than 500 square feet of mesh area shall proceed as directly, 11 continuously, and expeditiously as possible from the place 12 where the vessel is regularly docked, moored, or otherwise 13 stored to waters where the use of said nets is lawful and from 14 waters where the use of said nets is lawful back to the place 15 where the vessel is regularly docked, moored, or otherwise 16 stored or back to the licensed wholesale dealer where the 17 catch is to be sold. Exceptions shall be provided for docked 18 vessels, for vessels which utilize nets in a licensed 19 aquaculture operation, and for vessels containing trawl nets 20 as long as the trawl's doors or frame are not deployed in the 21 water. Otherwise, hovering, drifting, and other similar 22 activities inconsistent with the direct, continuous, and 23 expeditious transit of such vessels shall be evidence of the 24 unlawful use of such nets. The presence of fish in such a net 25 is not evidence of the unlawful use of the net if the vessel 26 is otherwise in compliance with this section. 27 (3)(a) It shall be a major violation pursuant to this 28 section for any person, firm, or corporation to be 29 simultaneously in possession of any species of mullet in 30 excess of the recreational daily bag limit and any gill or 31 other entangling net as defined in s. 16(c), Art. X of the 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 State Constitution. Simultaneous possession under this 2 provision shall include possession of mullet and gill or other 3 entangling nets on separate vessels or vehicles where such 4 vessels or vehicles are operated in coordination with one 5 another including vessels towed behind a main vessel. 6 (b) It shall be a major violation pursuant to this 7 section for any person to be in possession of any species of 8 trout, snook, or redfish which is three fish in excess of the 9 recreational or commercial daily bag limit. 10 (4)(a) In addition to being subject to the other 11 penalties provided in this chapter, any violation of s. 16, 12 Art. X of the State Constitution or any rules of the Marine 13 Fisheries Commission which implement the gear prohibitions and 14 restrictions specified therein shall be considered a major 15 violation; and any person, firm, or corporation receiving any 16 judicial disposition other than acquittal or dismissal of such 17 violation shall be subject to the following additional 18 penalties: 19 1. For a first major violation within a 7-year period, 20 a civil penalty of $2,500 and suspension of all saltwater 21 products license privileges for 90 calendar days following 22 final disposition shall be imposed. 23 2. For a second major violation under this paragraph 24 charged within 7 years of a previous judicial disposition, 25 which results in a second judicial disposition other than 26 acquittal or dismissal, a civil penalty of $5,000 and 27 suspension of all saltwater products license privileges for 12 28 months shall be imposed. 29 3. For a third and subsequent major violation under 30 this paragraph, charged within a 7-year period, resulting in a 31 third or subsequent judicial disposition other than acquittal 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 or dismissal, a civil penalty of $5,000, lifetime revocation 2 of the saltwater products license, and forfeiture of all gear 3 and equipment used in the violation shall be imposed. 4 5 A court may suspend, defer or withhold adjudication of guilt 6 or imposition of sentence for any first violation of s. 16, 7 Art. X of the State Constitution, or any rule or statute 8 implementing its restrictions, determined by a court only 9 after consideration of competent evidence of mitigating 10 circumstances to be a nonflagrant or minor violation of those 11 restrictions upon the use of nets. Any violation of s. 16, 12 Art. X of the State Constitution, or any rule or statute 13 implementing its restrictions, occurring within a 7-year 14 period commencing upon the conclusion of any judicial 15 proceeding resulting in any outcome other than acquittal shall 16 be punished as a second, third, or subsequent violation 17 accordingly. 18 (b) During the period of suspension or revocation of 19 saltwater license privileges under this section, the licensee 20 may not participate in the taking or harvesting of saltwater 21 products from any vessel within the waters of the state, or 22 any other activity requiring a license, permit, or certificate 23 issued pursuant to this chapter. 24 (c) Upon reinstatement of saltwater license privileges 25 suspended pursuant to a violation of this section, a licensee 26 owning or operating a vessel containing or otherwise 27 transporting in or on Florida waters any gill net or other 28 entangling net, or containing or otherwise transporting in 29 nearshore and inshore Florida waters any net containing more 30 than 500 square feet of mesh area shall remain restricted for 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 a period of 12 months following reinstatement, to operation 2 under the following conditions: 3 1. Vessels subject to this reinstatement period shall 4 be restricted to the corridors established by department rule. 5 2. A violation of the reinstatement period provisions 6 shall be punishable pursuant to s. 370.021(2)(a) and (b). 7 (d) Rescission and revocation proceedings under this 8 section shall be governed by chapter 120. 9 (3)(5) The department is authorized to make and adopt 10 reasonable rules, regulations, and orders, including emergency 11 rules, to implement this section. The department shall adopt 12 emergency rules to implement the provisions of subparagraph 13 (4)(c)1. by August 1, 1996. 14 Section 7. Subsection (8) of section 370.14, Florida 15 Statutes, 1996 Supplement, is amended to read: 16 370.14 Crawfish; regulation.-- 17 (8)(a) By a special permit granted by the Division of 18 Law Enforcement, a Florida-licensed seafood dealer may 19 lawfully import, process, and package saltwater crawfish or 20 uncooked tails of the species Panulirus argus during the 21 closed season. However, crawfish landed under special permit 22 shall not be sold in the state. 23 (b) The licensed seafood dealer importing any such 24 crawfish under the permit shall, 12 hours prior to the time 25 the seagoing vessel or airplane delivering such imported 26 crawfish enters the state, notify the Division of Law 27 Enforcement as to the seagoing vessel's name or the airplane's 28 registration number and its captain, location, and point of 29 destination. 30 (c) At the time the crawfish cargo is delivered to the 31 permitholder's place of business, the crawfish cargo shall be 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 weighed in the presence of the marine patrol officer, and 2 shall be available for inspection by the department. A signed 3 receipt of such quantity in pounds shall be forwarded to 4 furnished to said officer, which receipt shall be filed by the 5 marine patrol officer with the Division of Law Enforcement's 6 local Florida Marine Patrol office within 48 hours after 7 shipment weigh-in completion. If requested by the department, 8 the weigh-in process must be delayed up to 4 hours to allow a 9 department representative to be present during the process 10 Enforcement. 11 (d) Within 48 hours after the shipment weigh-in 12 completion, from the time the receipt is given to the marine 13 patrol officer, the permitholder shall submit to the Division 14 of Law Enforcement, on forms provided by the division, a sworn 15 report of the quantity in pounds of the saltwater crawfish 16 received, which report shall include the location of said 17 crawfish and a sworn statement that said crawfish were taken 18 at least 50 miles from Florida's shoreline. The landing of 19 crawfish or crawfish tails from which the eggs, swimmerettes, 20 or pleopods have been removed; the falsification of 21 information as to area from which crawfish were obtained; or 22 the failure to file the report called for in this section 23 shall be grounds to revoke the permit. 24 (e) Each permitholder shall keep throughout the period 25 of the closed season copies of the bill of sale or invoices 26 covering each transaction involving crawfish imported under 27 this permit. Such invoices and bills shall be kept available 28 at all times for inspection by the division. 29 Section 8. Paragraph (c) of subsection (2) of section 30 370.142, Florida Statutes, 1996 Supplement, is amended to 31 read: 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 370.142 Spiny lobster trap certificate program.-- 2 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES; 3 PENALTIES.--The Department of Environmental Protection shall 4 establish a trap certificate program for the spiny lobster 5 fishery of this state and shall be responsible for its 6 administration and enforcement as follows: 7 (c) Prohibitions; penalties.-- 8 1. It is unlawful for a person to possess or use a 9 spiny lobster trap in or on state waters or adjacent federal 10 waters without having affixed thereto the trap tag required by 11 this section. It is unlawful for a person to possess or use 12 any other gear or device designed to attract and enclose or 13 otherwise aid in the taking of spiny lobster by trapping that 14 is not a trap as defined in rule 46-24.006(2), Florida 15 Administrative Code. 16 2. It is unlawful for a person to possess or use spiny 17 lobster trap tags without having the necessary number of 18 certificates on record as required by this section. 19 3. In addition to any other penalties provided in s. 20 370.021, and unless otherwise provided in this section, a 21 commercial harvester, as defined by rule 46-24.002(1), Florida 22 Administrative Code, who violates the provisions of this 23 section, or the provisions of chapter 46-24, Florida 24 Administrative Code relating to traps, shall be punished as 25 follows: 26 a. If the first violation is for violation of 27 subparagraph 1. or subparagraph 2., the department shall 28 assess an additional a civil penalty of up to $1,000 and the 29 crawfish trap number issued pursuant to s. 370.14(2) or (7) 30 may be suspended for the remainder of the current license 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 year. For all other first violations, the department shall 2 assess an additional a civil penalty of up to $500. 3 b. For a second violation of subparagraph 1. or 4 subparagraph 2. which occurs within 24 months of any previous 5 such violation, the department shall assess an additional a 6 civil penalty of up to $2,000 and the crawfish trap number 7 issued pursuant to s. 370.14(2) or (7) may be suspended for 8 the remainder of the current license year. 9 c. For a third or subsequent violation of subparagraph 10 1. or subparagraph 2. which occurs within 36 months of any 11 previous two such violations, the department shall assess an 12 additional a civil penalty of up to $5,000 and may suspend the 13 crawfish trap number issued pursuant to s. 370.14(2) or (7) 14 for a period of up to 24 months or may revoke the crawfish 15 trap number and, if revoking the crawfish trap number, may 16 also proceed against the licenseholder's saltwater products 17 license in accordance with the provisions of s. 370.021(2)(e). 18 d. Any person assessed an additional a civil penalty 19 pursuant to this section shall within 30 calendar days after 20 notification: 21 (I) Pay the civil penalty to the department; or 22 (II) Request an administrative hearing pursuant to the 23 provisions of s. 120.60. 24 e. The department shall suspend the crawfish trap 25 number issued pursuant to s. 370.14(2) or (7) for any person 26 failing to comply with the provisions of sub-subparagraph d. 27 4.a. It is unlawful for any person to make, alter, 28 forge, counterfeit, or reproduce a spiny lobster trap tag or 29 certificate. 30 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 b. It is unlawful for any person to knowingly have in 2 his or her possession a forged, counterfeit, or imitation 3 spiny lobster trap tag or certificate. 4 c. It is unlawful for any person to barter, trade, 5 sell, supply, agree to supply, aid in supplying, or give away 6 a spiny lobster trap tag or certificate or to conspire to 7 barter, trade, sell, supply, aid in supplying, or give away a 8 spiny lobster trap tag or certificate unless such action is 9 duly authorized by the department as provided in this chapter 10 or in the rules of the department. 11 5.a. Any person who violates the provisions of 12 subparagraph 4., or any person who engages in the commercial 13 harvest, trapping, or possession of spiny lobster without a 14 crawfish trap number as required by s. 370.14(2) or (7) or 15 during any period while such crawfish trap number is under 16 suspension or revocation, commits a felony of the third 17 degree, punishable as provided in s. 775.082, s. 775.083, or 18 s. 775.084. 19 b. In addition to any penalty imposed pursuant to 20 sub-subparagraph a., the department shall levy a fine of up to 21 twice the amount of the appropriate surcharge to be paid on 22 the fair market value of the transferred certificates, as 23 provided in subparagraph (a)1., on any person who violates the 24 provisions of sub-subparagraph 4.c. 25 6. Any certificates for which the annual certificate 26 fee is not paid for a period of 3 years shall be considered 27 abandoned and shall revert to the department. During any 28 period of trap reduction, any certificates reverting to the 29 department shall become permanently unavailable and be 30 considered in that amount to be reduced during the next 31 license-year period. Otherwise, any certificates that revert 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 to the department are to be reallotted in such manner as 2 provided by the department. 3 7. The proceeds of all civil penalties collected 4 pursuant to subparagraph 3. and all fines collected pursuant 5 to sub-subparagraph 5.b. shall be deposited into the Marine 6 Resources Conservation Trust Fund. 7 8. All traps shall be removed from the water during 8 any period of suspension or revocation. 9 Section 9. Subsection (6) of section 370.15, Florida 10 Statutes, is amended to read: 11 370.15 Shrimp; regulation.-- 12 (6) SHRIMP TRAWLING.--All persons, firms, and 13 corporations desiring to trawl for shrimp within areas in 14 which trawling is permitted shall have a noncommercial trawl 15 or net registration or purchase a saltwater products license 16 issued to a valid boat registration or in the name of an 17 individual pursuant to s. 370.06. The saltwater products 18 license shall remain on board at all times and is subject to 19 immediate revocation upon conviction for violation of this 20 section or when it becomes apparent that the best interests of 21 saltwater conservation will be served by such action. A 22 noncommercial trawl or net registration must be issued to each 23 net used to take shrimp for noncommercial purposes. Such net 24 or trawl shall have a corkline measurement of 16 feet or less. 25 Possession of shrimp under a noncommercial registration is 26 limited to 25 pounds while on the water. Due to the varied 27 habitats and types of bottoms and hydrographic conditions 28 embraced by the open fishing area, the division shall have the 29 authority to specify and regulate the types of gear that may 30 be used in the different sections of the open areas. 31 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 Section 10. Subsection (7) of section 370.08, Florida 2 Statutes, is repealed. 3 Section 11. Subsection (3) of section 370.0821, 4 Florida Statutes, is repealed. 5 Section 12. Subsections (2) and (3) of section 370.11, 6 Florida Statutes, are repealed. 7 Section 13. Section 370.1125, Florida Statutes, is 8 repealed. 9 Section 14. Section 370.114, Florida Statutes, is 10 repealed. 11 Section 15. Subsection (2) of section 370.13, Florida 12 Statutes, is repealed. 13 Section 16. Subsections (2), (3), and (4) of section 14 370.135, Florida Statutes, are repealed. 15 Section 17. Subsection (6) of section 370.14, Florida 16 Statutes, 1996 Supplement, is repealed. 17 Section 18. Subsections (2) and (3) of section 370.15, 18 Florida Statutes, are repealed. 19 Section 19. Subsection (2) of section 370.151, Florida 20 Statutes, is repealed. 21 Section 20. Paragraphs (c), (d), and (e) of subsection 22 (4) and paragraphs (b) and (d) of subsection (5) of section 23 370.153, Florida Statutes, 1996 Supplement, are repealed. 24 Section 21. Section 370.156, Florida Statutes, is 25 repealed. 26 Section 22. Section 370.157, Florida Statutes, is 27 repealed. 28 Section 23. This act shall take effect upon becoming a 29 law. 30 31 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 903 103-155A-97 1 ***************************************** 2 HOUSE SUMMARY 3 Amends and repeals various sections of chapter 370, F.S., 4 relating to the powers of the Florida Marine Fisheries Commission and the Department of Environmental Protection 5 to regulate the harvesting of various types of marine life. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 25