Senate Bill 2146

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    Florida Senate - 1999                                  SB 2146

    By Senator Bronson





    18-1024A-99                                             See HB

  1                      A bill to be entitled

  2         An act relating to stone crabs; amending s.

  3         370.13, F.S.; providing for the display of

  4         endorsements for the taking of stone crabs on

  5         vessels; providing a fee for a stone crab

  6         endorsement on a saltwater products license;

  7         providing for the disposition of fees; creating

  8         s. 370.1322, F.S.; providing for a stone crab

  9         trap certificate program; providing legislative

10         intent; providing for transferable trap

11         certificates, trap tags, and fees; providing

12         prohibitions and penalties; providing for trap

13         reduction; providing for stone crab trap

14         certificate technical, advisory, and appeals

15         boards; providing powers and duties; providing

16         for the disposition of fees; providing for

17         rulemaking authority; providing an effective

18         date.

19

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

21

22         Section 1.  Paragraph (a) of subsection (5) of section

23  370.13, Florida Statutes, 1998 Supplement, is amended, and

24  subsection (8) is added to that section, to read:

25         370.13  Stone crab; regulation.--

26         (5)(a)  Effective July 1, 1995, and until July 1, 2000,

27  no stone crab trap numbers issued pursuant to rule

28  46-13.002(2)(e), Florida Administrative Code, except those

29  numbers that are active during the 1994-1995 fiscal year,

30  shall be renewed or replaced. The fee for a stone crab

31  endorsement for the taking of stone crabs as set forth in this

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1  paragraph shall be $100, which shall be used by the department

  2  for administration, management, and research costs related to

  3  stone crabs.

  4         (8)  With respect to the stone crab trap certificate

  5  program, as set forth in s. 370.1322, more than one

  6  endorsement for the taking of stone crabs may be displayed on

  7  one vessel and more than one vessel may display the same

  8  endorsement.

  9         Section 2.  Section 370.1322, Florida Statutes, is

10  created to read:

11         370.1322  Stone crab trap certificate program.--

12         (1)  INTENT.--Due to rapid growth, the stone crab

13  fishery is experiencing increased congestion and conflict on

14  the water, a declining yield per trap, and public concern over

15  debris pollution from existing traps. In an effort to solve

16  these and related problems, the Legislature intends to develop

17  pursuant to the provisions of this section a stone crab trap

18  certificate program the principal goal of which is to

19  stabilize the fishery by reducing the total number of traps,

20  which should increase the yield per trap and therefore

21  maintain or increase overall catch levels.  Under the

22  passive-trap-reduction program a reduction in traps will occur

23  at the time of sale or transfer of traps. The Legislature

24  seeks to preserve as much flexibility in the program as

25  possible for the fishery's various constituents.

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

27  PENALTIES.--The Department of Environmental Protection shall

28  establish a trap certificate program for the stone crab

29  fishery of this state and shall be responsible for its

30  administration and enforcement as follows:

31

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




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

  2  saltwater products license who uses traps for taking or

  3  attempting to take stone crabs shall be required to have a

  4  certificate on record for each trap possessed or used

  5  therefor, except as otherwise provided in this section.

  6         1.  The department shall initially allot such

  7  certificates to each licenseholder with a current stone crab

  8  trap number who uses traps.  Anyone who holds a current stone

  9  crab endorsement on his or her saltwater products license for

10  the 1998-1999 license year is eligible for a certificate.  In

11  addition, in order to be eligible the applicant must show

12  that, pursuant to trip ticket records generated under the

13  provisions of s. 370.06(2)(a), he or she had at least 300

14  pounds of stone crab landings during one of the five 1-year

15  license periods between July 1993 through June 1998.  The

16  number of certificates and trap tags issued shall be the

17  greater of the number of traps listed on the saltwater

18  products license application for either license year 1997-1998

19  or 1996-1997, provided that landings must reflect at least 2

20  pounds of landings per trap.  However, certificates may only

21  be issued to individuals; therefore, all licenseholders other

22  than individual licenseholders shall designate the individual

23  or individuals to whom their certificates will be allotted and

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

25  issuance, trap certificates are transferable on a market basis

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

27  fair market value agreed upon between the transferor and

28  transferee. Upon the sale or transfer of certificates, the

29  department shall reduce the number of certificates by 10

30  percent upon each sale or transfer outside the immediate

31  family of the certificateholder. Each such transfer shall,

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1  within 72 hours thereof, be recorded on a notarized form

  2  provided for that purpose by the department and hand delivered

  3  or sent by certified mail, return receipt requested, to the

  4  department for recordkeeping purposes. In addition, in order

  5  to cover the added administrative costs of the program and to

  6  recover an equitable natural resource rent for the people of

  7  the state, a transfer fee of $2 per certificate transferred

  8  shall be assessed against the purchasing licenseholder and

  9  sent by money order or cashier's check with the certificate

10  transfer form. Also, in addition to the transfer fee, a

11  surcharge of $2 per certificate transferred or 25 percent of

12  the actual market value, whichever is greater, given to the

13  transferor shall be assessed the first time a certificate is

14  transferred outside the original transferor's immediate

15  family. No transfer of a certificate shall be effective until

16  the department receives the notarized transfer form and the

17  transfer fee, including any surcharge, is paid. The department

18  may establish by rule an amount of equitable rent per trap

19  certificate that shall be recovered as partial compensation to

20  the state for the enhanced access to its natural resources. In

21  determining whether to establish such a rent and, if so, the

22  amount thereof, the department shall consider the amount of

23  revenues annually generated by certificate fees, transfer

24  fees, surcharges, trap license fees, and sales taxes; the

25  demonstrated fair market value of transferred certificates;

26  and the continued economic viability of the commercial stone

27  crab industry. Final approval of such a rule shall be by the

28  Governor and Cabinet sitting as the Board of Trustees of the

29  Internal Improvement Trust Fund. The proceeds of equitable

30  rent recovered shall be deposited in the Marine Resources

31  Conservation Trust Fund and used for research, management, and

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1  protection of the stone crab fishery and habitat. No transfer

  2  fee shall be assessed or required when the transfer is within

  3  a family as a result of the death or disability of the

  4  certificate owner.

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

  6  entity may control, directly or indirectly, more than 1.0

  7  percent of the total available certificates in any license

  8  year.

  9         3.  The department shall maintain records of all

10  certificates and their transfers and shall annually provide

11  each licenseholder with a statement of certificates held.

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

13  licenseholder shall not exceed the number of certificates held

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

15  and a statement of certificates held shall be issued

16  simultaneously.

17         5.  It is unlawful for any person to lease stone crab

18  trap tags or certificates.

19         6.  Any person who holds a crawfish or blue crab

20  endorsement on his or her saltwater products license is

21  eligible to purchase a stone crab by-catch product endorsement

22  pursuant to rules of the department.  This endorsement shall

23  be limited to a daily trip limit of 5 gallons of stone crab

24  claws per day.  The fee for the endorsement shall be $25.

25  Current stone crab endorsement holders who do not qualify for

26  certificates may either keep their current endorsement or

27  apply for a by-catch endorsement.

28         (b)  Trap tags.--Each trap used to take or attempt to

29  take stone crabs in state waters or adjacent federal waters

30  shall, in addition to the stone crab trap number, have affixed

31  thereto an annual trap tag issued by the department. Each such

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1  tag shall be made of durable plastic or similar material and

  2  shall, beginning with those tags issued for the 2000-2001

  3  season based on the number of certificates held, have stamped

  4  thereon the owner's license number. To facilitate enforcement

  5  and recordkeeping, such tags shall be issued each year in a

  6  color different from that of each of the previous 3 years. A

  7  fee of 50 cents per tag issued other than on the basis of a

  8  certificate held shall be assessed.  In order to recover

  9  administrative costs of the tags and the certificate program,

10  the annual certificate fee shall be 50 cents per certificate.

11  Replacement tags for lost or damaged tags may be obtained as

12  provided by rule of the department.

13         (c)  Endorsement transferable.--After initial issuance,

14  endorsements are transferable on a market basis and may be

15  transferred for fair market value agreed upon between the

16  transferor and transferee.

17         (d)  Prohibitions; penalties.--

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

19  than 5 stone crab traps in or on state waters or adjacent

20  federal waters without having affixed thereto the trap tag

21  required by this section.  It is unlawful for a person to

22  possess or use any other gear or device designed to attract

23  and enclose or otherwise aid in the taking of stone crab by

24  trapping which gear or device is not a trap.

25         2.  It is unlawful for a person to possess or use stone

26  crab trap tags without having the necessary number of

27  certificates on record as required by this section.

28         3.  It is unlawful for any person to rob the contents

29  of another harvester's trap. Any person convicted of trap

30  robbing shall, in addition to the penalties specified in s.

31  370.021 and the provisions of this section, permanently lose

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1  his or her saltwater products license, stone crab endorsement,

  2  and all trap certificates alloted to him or her through this

  3  program. In such cases, trap certificates and endorsements are

  4  nontransferable.

  5         4.  In addition to any other penalties provided in s.

  6  370.021, a commercial stone crab harvester who violates the

  7  provisions of this section or the provisions relating to stone

  8  crab traps shall be punished as follows:

  9         a.  If the first violation is for violation of

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

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

12  stone crab trap number issued may be suspended for the

13  remainder of the current license year. For all other first

14  violations, the department shall assess an additional civil

15  penalty of up to $500.

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

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

18  such violation, the department shall assess an additional

19  civil penalty of up to $2,000, and the stone crab trap number

20  may be suspended for the remainder of the current license

21  year.

22         c.  For a third or subsequent violation of subparagraph

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

24  previous two such violations, the department shall assess an

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

26  stone crab trap number for a period of up to 24 months or may

27  revoke the stone crab trap number and, if revoking the stone

28  crab trap number, may also proceed against the licenseholder's

29  saltwater products license in accordance with the provisions

30  of s. 370.021.

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1         d.  For a fourth violation of subparagraph 1. or

  2  subparagraph 2. which occurs within 48 months of any three

  3  such violations, the department shall permanently revoke the

  4  violator's saltwater fishing privileges, and shall also

  5  proceed against the licenseholder's saltwater products license

  6  in accordance with s. 370.021.

  7         e.  Any person assessed an additional civil penalty

  8  pursuant to this section shall within 30 calendar days after

  9  notification:

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

11         (II)  Request an administrative hearing pursuant to the

12  provisions of s. 120.60.

13         f.  The department shall suspend the stone crab trap

14  number for any person failing to comply with the provisions of

15  sub-subparagraph e.

16         5.a.  It is unlawful for any person to make, alter,

17  forge, counterfeit, or reproduce a stone crab trap tag or

18  certificate.

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

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

21  stone crab trap tag or certificate.

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

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

24  a stone crab trap tag or certificate or to conspire to barter,

25  trade, sell, supply, aid in supplying, or give away a stone

26  crab trap tag or certificate unless such action is duly

27  authorized by the department as provided in this chapter or in

28  the rules of the department.

29         6.a.  Any person who violates the provisions of

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

31  harvest, trapping, or possession of stone crabs without a

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1  stone crab trap number or during any period while such stone

  2  crab trap number is under suspension or revocation, commits a

  3  felony of the third degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.

  5         b.  In addition to any penalty imposed pursuant to

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

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

  8  the fair market value of the transferred certificates, as

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

10  provisions of sub-subparagraph 5.c.

11         7.  Any certificates for which the annual certificate

12  fee is not paid for a period of 3 consecutive years shall be

13  considered abandoned and shall revert to the department.

14  During any period of trap reduction, any certificates

15  reverting to the department shall become permanently

16  unavailable. Otherwise, any certificates that revert to the

17  department are to be reallotted in such manner as provided by

18  the department.

19         8.  The proceeds of all civil penalties collected

20  pursuant to subparagraph 4. and all fines collected pursuant

21  to sub-subparagraph 6.b. shall be deposited into the Marine

22  Resources Conservation Trust Fund.

23         9.  All traps shall be removed from the water during

24  any period of suspension or revocation.

25         (e)  No vested rights.--The trap certificate program

26  shall not create vested rights in licenseholders whatsoever

27  and may be altered or terminated as necessary to protect the

28  stone crab resource, the participants in the fishery, or the

29  public interest.

30         (3)  PASSIVE TRAP REDUCTION.--The objective of the

31  overall trap certificate program is to reduce the number of

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1  traps used in the stone crab fishery to the lowest number that

  2  will maintain or increase overall catch levels, promote

  3  economic efficiency in the fishery, and conserve natural

  4  resources.  Therefore, the Marine Fisheries Commission shall

  5  set an overall trap reduction goal based on maintaining or

  6  maximizing a sustained harvest from the stone crab fishery.

  7         (4)  STONE CRAB TRAP CERTIFICATE TECHNICAL ADVISORY AND

  8  APPEALS BOARDS.--There are hereby established the regional

  9  stone crab trap certificate technical advisory and appeals

10  boards.  Such boards shall consider and advise the department

11  on disputes and other problems arising from the implementation

12  of the stone crab trap certificate program.  The boards may

13  also provide information to the department on the operation of

14  the trap certificate program.  Regional board number one shall

15  consist of the area of Pasco County north to the Alabama State

16  line.  Regional board number two shall consist of the area of

17  Pinellas County south through Lee County.  Regional board

18  number 3 shall consist of Collier and Monroe Counties and

19  north up the east coast of the state.

20         (a)1.  Each board shall consist of the secretary of the

21  department or his or her designee and 12 members appointed by

22  the secretary according to the following criteria:

23         a.  All appointed members shall be certificateholders,

24  but two shall be holders of fewer than 100 certificates, two

25  shall be holders of at least 100 but no more than 750

26  certificates, three shall be holders of more than 750 but not

27  more than 2,000 certificates, and two shall be holders of more

28  than 2,000 certificates.

29         b.  Members shall be appointed to represent all

30  geographic areas in the district.

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1         2.  The secretary of the department may fill any

  2  position on the initial board with a member who does not

  3  fulfill the requirements of subparagraph 1. if there are not

  4  enough qualified individuals available to meet those

  5  requirements. However, as soon as enough qualified individuals

  6  are available to meet those requirements, the secretary must

  7  replace all nonqualified appointees with qualified appointees.

  8         (b)  The term of each appointed member shall be for 4

  9  years, and any vacancy shall be filled for the balance of the

10  unexpired term with a person of the qualifications necessary

11  to maintain the requirements of subparagraph (a)1.  However,

12  of the initial appointees on each board, three shall serve for

13  terms of 4 years, three shall serve for terms of 3 years,

14  three shall serve for terms of 2 years, and three shall serve

15  for terms of 1 year.  There shall be no limitation on

16  successive appointments to the board.

17         (c)  The secretary of the department or his or her

18  designee shall serve as a member and shall call the

19  organizational meeting of the board. The board shall annually

20  elect a chair and a vice chair. There shall be no limitation

21  on successive terms that may be served by a chair or vice

22  chair. The board shall meet at the call of its chair, at the

23  request of a majority of its membership, at the request of the

24  department, or at such times as may be prescribed by its

25  rules. A majority of the board shall constitute a quorum, and

26  official action of the board shall require a majority vote of

27  the total membership of the board present at the meeting.

28         (d)  The procedural rules adopted by the board shall

29  conform to the requirements of chapter 120.

30         (e)  Members of the board shall be reimbursed for per

31  diem and travel expenses as provided in s. 112.061.

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1         (f)  Upon reaching a decision on any dispute or problem

  2  brought before it, including any decision involving the

  3  allotment of certificates under paragraph (g), the board shall

  4  submit such decision to the department for final approval. The

  5  department may alter or disapprove any decision of the board,

  6  with notice thereof given in writing to the board and to each

  7  party in the dispute, explaining the reasons for the

  8  disapproval. The action of the department constitutes final

  9  agency action.

10         (g)  In addition to those certificates allotted

11  pursuant to the provisions of subparagraph (2)(a)1., up to

12  150,000 certificates may be allotted by the board to settle

13  disputes or other problems arising from implementation of the

14  trap certificate program.

15         (h)  Each board may recommend the issuance of

16  additional certificates:

17         1.  To solve disputes.

18         2.  For persons who were adversely affected by chapter

19  73-432, Laws of Florida.

20         3.  For displaced netters who were adversely affected

21  by the constitutional net ban in the 2-year period following

22  the ban.

23         4.  For inefficient harvesting of stone crabs (less

24  than 2-pound landings per trap) to a person who can

25  demonstrate a need for more traps to maintain operation.

26         5.  For persons with no traps listed on their saltwater

27  products license application.

28         6.  For nonreporting by dealers.

29         (i)  With respect to persons displaced by the

30  constitutional net ban and who do not otherwise qualify for

31  the stone crab trap certificate program provided by this

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1  section, the board may recommend issuance of certificates to

  2  any person who:

  3         1.  Can demonstrate that he or she received

  4  constitutional net buy-back money.

  5         2.  Can demonstrate that he or she invested in the

  6  stone crab industry by the 1998-1999 season.

  7         3.  Has no record of net violations since July 1, 1995.

  8

  9  The provisions of this paragraph are limited to persons who

10  can demonstrate through landings that their fishing occurred

11  in the area from Wakulla through Monroe counties.  Persons who

12  qualify pursuant to this paragraph shall be issued a minimum

13  number of 100 trap certificates.

14         (5)  DISPOSITION OF FEES.--Transfer fees, annual trap

15  certificate fees, and tag fees collected pursuant to

16  paragraphs (2)(a) and (b) shall be deposited in the Marine

17  Resources Conservation Trust Fund and used for administration

18  of the trap certificate program, research and monitoring of

19  the stone crab fishery, and enforcement and public education

20  activities in support of the purposes of this section, and

21  shall also be used for evaluating the impact of trap reduction

22  on the stone crab fishery.

23         (6)  RULEMAKING AUTHORITY.--The Department of

24  Environmental Protection may adopt rules pursuant to ss.

25  120.536(1) and 120.54 to implement the provisions of this

26  section.

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

28  law.

29

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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

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      Provides for a stone crab trap certificate program
  4    similar to the current spiny lobster trap certificate
      program to stabilize the fishery. (See bill for details.)
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