Senate Bill 2146e1

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  1                      A bill to be entitled

  2         An act relating to marine resources; amending

  3         s. 370.021, F.S.; providing penalties for

  4         illegal buying and selling of marine products;

  5         amending s. 370.13, F.S.; providing for the

  6         display of endorsements for the taking of stone

  7         crabs on vessels; providing a fee for a stone

  8         crab endorsement on a saltwater products

  9         license; providing a fee for trap retrieval;

10         providing for the disposition of fees; creating

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

12         trap certificate program; providing legislative

13         intent; providing for transferable trap

14         certificates, trap tags, and fees; providing

15         prohibitions and penalties; providing for trap

16         reduction; providing for stone crab trap

17         certificate technical, advisory, and appeals

18         boards; providing powers and duties; providing

19         for the disposition of fees; providing for

20         rulemaking authority; providing appropriations

21         and positions; amending s. 370.14, F.S.;

22         providing for a trap retrieval fee; correcting

23         a cross-reference; amending s. 370.142, F.S.;

24         providing penalties for unlawful removal of

25         trap contents; providing authority to implement

26         additional means of trap reduction; amending s.

27         370.143, F.S.; waiving a fee; providing an

28         effective date.

29

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

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  1         Section 1.  Subsection (6) of section 370.021, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         370.021  Administration; rules, publications, records;

  4  penalties; injunctions.--

  5         (6)  BUYING SALTWATER PRODUCTS FROM UNLICENSED

  6  SELLER.--In addition to being subject to other penalties

  7  provided in this chapter, any violation of s. 370.06 or s.

  8  370.07, or rules of the commission department implementing s.

  9  370.06 or s. 370.07, involving buying saltwater products from

10  an unlicensed person, firm, or corporation by a commercial

11  wholesale dealer, retail dealer, or restaurant facility for

12  public consumption, or selling saltwater products by an

13  unlicensed person, firm, or corporation to a commercial

14  wholesale dealer, retail dealer, or restaurant facility for

15  public consumption, shall be a major violation, and the

16  commission department may assess the following penalties:

17         (a)  For a first violation, the commission department

18  may assess a civil penalty of up to $2,500 and may suspend the

19  wholesale and/or retail dealer's license privileges for up to

20  90 calendar days.

21         (b)  For a second violation occurring within 12 months

22  of a prior violation, the commission department may assess a

23  civil penalty of up to $5,000 and may suspend the wholesale

24  and/or retail dealer's license privileges for up to 180

25  calendar days.

26         (c)  For a third or subsequent violation occurring

27  within a 24-month period, the commission department shall

28  assess a civil penalty of $5,000 and shall suspend the

29  wholesale and/or retail dealer's license privileges for up to

30  24 months.

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  1  Any proceeds from the civil penalties assessed pursuant to

  2  this subsection shall be deposited into the Marine Resources

  3  Conservation Trust Fund and shall be used as follows:  40

  4  percent for administration and processing purposes and 60

  5  percent for law enforcement purposes.

  6         Section 2.  Paragraph (a) of subsection (5) of section

  7  370.13, Florida Statutes, 1998 Supplement, is amended, and

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

  9         370.13  Stone crab; regulation.--

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

11  no stone crab trap numbers issued pursuant to rule

12  46-13.002(2)(e), Florida Administrative Code, except those

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

14  shall be renewed or replaced. Effective upon becoming law, the

15  fee for a stone crab endorsement for the taking of stone crabs

16  as set forth in this paragraph shall be $125, $100 of which

17  shall be used by the commission for administration,

18  enforcement, management, and research costs related to stone

19  crabs and $25 of which shall be used for trap retrieval

20  pursuant to s. 370.143(2).

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

22  program, as set forth in s. 370.1322, no more than two

23  endorsements for the taking of stone crabs may be displayed on

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

25  endorsement if the requirements of s. 370.06(2) are met.

26         Section 3.  Section 370.1322, Florida Statutes, is

27  created to read:

28         370.1322  Stone crab trap certificate program.--

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

30  fishery is experiencing increased congestion and conflict on

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


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

  2  these and related problems, the Legislature intends to develop

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

  4  certificate program the principal goal of which is to

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

  6  which should increase the yield per trap and therefore

  7  maintain or increase overall catch levels.  Under the

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

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

10  seeks to preserve as much flexibility in the program as

11  possible for the fishery's various constituents.

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

13  PENALTIES.--The Fish and Wildlife Conservation Commission

14  shall establish a trap certificate program for the stone crab

15  fishery of this state and shall be responsible for its

16  administration and enforcement as follows:

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

18  saltwater products license who uses traps for taking or

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

20  certificate on record for each trap possessed or used

21  therefor, except as otherwise provided in this section.

22         1.  The commission shall initially allot such

23  certificates to each licenseholder with a current stone crab

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

25  crab endorsement on his or her saltwater products license for

26  the 1998-1999 license year is eligible for certificates.  In

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

28  that, pursuant to trip ticket records generated under the

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

30  pounds of stone crab claw landings during one of the five

31  1-year license periods between July 1993 through June 1998.


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  1  The number of certificates allotted to each endorsement holder

  2  shall be equal to the maximum number of traps stated on the

  3  endorsement holder's saltwater products license application or

  4  multiple applications as determined by the endorsement

  5  holder's social security number or federal employer

  6  identification number during the 1995-1996 through 1997-1998

  7  fishing season or, the endorsement holder's highest annual

  8  stone crab claw landings during the 1995-1996 through

  9  1997-1998 fishing seasons, divided by 2 pounds per trap,

10  whichever is less. However, certificates may only be issued to

11  individuals; therefore, all licenseholders other than

12  individual licenseholders shall designate the individual or

13  individuals to whom their certificates will be allotted and

14  the number thereof to each, if more than one.

15         2.  After initial issuance, trap certificates are

16  transferable on a market basis and may be transferred from one

17  licenseholder to another for a fair market value agreed upon

18  between the transferor and transferee. Upon the sale or

19  transfer of certificates outside the immediate family of the

20  certificateholder, the commission shall reduce the number of

21  certificates received by the purchaser by the following

22  percentages depending on the overall number of certificates

23  available to individual harvesters throughout the state at the

24  time of sale:

25         a.  If more than 1 1/2 million certificates are

26  available, there shall be a 25 percent reduction in the number

27  of certificates received by the purchaser.

28         b.  If more than 1 1/4 million, but less than 1 1/2

29  million certificates are available, there shall be a 22 1/2

30  percent reduction in the number of certificates received by

31  the purchaser.


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  1         c.  If more than 1 million, but less than 1 1/4 million

  2  certificates are available, there shall be an 18 1/2 percent

  3  reduction in the number of certificates received by the

  4  purchaser.

  5         d.  If more than 3/4 of a million, but less than 1

  6  million certificates are available, there shall be a 15

  7  percent reduction in the number of certificates received by

  8  the purchaser.

  9         e.  If more than 600,000, but less than 3/4 of a

10  million certificates are available, there shall be a 10

11  percent reduction in the number of certificates received by

12  the purchaser.

13         f.  When 600,000 certificates or less are available,

14  there shall be no percentage reduction in the number of

15  certificates received by the purchaser.

16

17  Within 72 hours of transferring certificates, the transfer

18  shall be recorded on a notarized form provided for that

19  purpose by the commission and hand delivered or sent by

20  certified mail, return receipt requested, to the commission

21  for recordkeeping purposes. In addition, in order to cover the

22  added administrative costs of the program, a transfer fee of

23  $2 per certificate transferred shall be assessed against the

24  purchasing licenseholder and sent by money order or cashier's

25  check with the certificate transfer form. Also, in addition to

26  the transfer fee, a surcharge of $2 per certificate

27  transferred or 25 percent of the actual market value,

28  whichever is greater, given to the transferor shall be

29  assessed each time a certificate is transferred outside the

30  original transferor's immediate family. Transfer fees and

31  surcharges shall only apply to the actual number of


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  1  certificates received by the purchaser. No transfer of a

  2  certificate shall be effective until the commission receives

  3  the notarized transfer form and the transfer fee, including

  4  any surcharge, is paid. The commission may establish, pursuant

  5  to ss. 120.536(1) and 120.54, an amount of equitable rent per

  6  trap certificate that shall be recovered as partial

  7  compensation to the state for the enhanced access to its

  8  natural resources. In determining whether to establish such a

  9  rent and, if so, the amount thereof, the commission shall

10  consider the amount of revenues annually generated by

11  certificate fees, transfer fees, surcharges, trap license

12  fees, and sales taxes; the demonstrated fair market value of

13  transferred certificates; and the continued economic viability

14  of the commercial stone crab industry. Final approval of such

15  a rule shall be by the Governor and Cabinet sitting as the

16  Board of Trustees of the Internal Improvement Trust Fund. The

17  proceeds of equitable rent recovered shall be deposited in the

18  Marine Resources Conservation Trust Fund and used for

19  research, management, enforcement, and protection of the stone

20  crab fishery and habitat. No transfer fee shall be assessed or

21  required when the transfer is within a family as a result of

22  the death or disability of the certificate owner.

23         3.  No person, firm, corporation, or other business

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

25  percent of the total available certificates in any license

26  year.

27         4.  The commission shall maintain records of all

28  certificates and their transfers and shall annually provide

29  each licenseholder with a statement of certificates held.

30         5.  The number of trap tags issued annually to each

31  licenseholder shall not exceed the number of certificates held


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

  2  and a statement of certificates held shall be issued

  3  simultaneously.

  4         6.  It is unlawful for any person to lease stone crab

  5  trap tags or certificates.

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

  7  endorsement on his or her saltwater products license is

  8  eligible to purchase a stone crab incidental take endorsement

  9  pursuant to rules of the commission.  This endorsement shall

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

11  claws per day, which may be sold pursuant to law.  The fee for

12  the endorsement shall be $25.

13         (b)  Trap tags.--Effective October 1, 2000, each trap

14  used for the commercial harvest of stone crabs in state waters

15  or adjacent federal waters shall, in addition to the stone

16  crab trap number, have firmly affixed thereto an annual trap

17  tag issued by the commission. Each such tag shall be made of

18  durable plastic or similar material and shall, beginning with

19  those tags issued for the 2000-2001 season based on the number

20  of certificates held, have stamped thereon the owner's license

21  number. To facilitate enforcement and recordkeeping, such tags

22  shall be issued each year in a color different from that of

23  each of the previous 3 years. In order to recover

24  administrative costs of the tag and the certificate program,

25  the annual fee shall be 50 cents per certificate. Replacement

26  tags for lost or damaged tags shall cost 50 cents each, and

27  may be obtained as provided by rule of the commission.

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

29  stone crab endorsements are transferable on a market basis and

30  may be transferred for fair market value agreed upon between

31  the transferor and transferee.


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  1         (d)  Prohibitions; penalties.--

  2         1.  It is unlawful for a commercial harvester to

  3  possess or use a stone crab trap in or on state waters or

  4  adjacent federal waters without having firmly affixed thereto

  5  the trap tag required by this section.  It is unlawful for a

  6  person to possess or use any other gear or device designed to

  7  attract and enclose or otherwise aid in the taking of stone

  8  crabs with a trap that does not meet the requirements of rule

  9  46-13.002, F.A.C. This paragraph does not apply to persons who

10  possess a valid stone crab incidental take endorsement and who

11  use traps for the directed harvest of crawfish or blue crabs

12  in accordance with rules of the commission, in which stone

13  crabs are harvested as an incidental take of these fisheries,

14  provided that the number of stone crabs so harvested and in

15  possession of such person does not exceed 5 gallons of stone

16  crab claws per day.

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

18  crab trap tags without having the necessary number of

19  certificates on record as required by this section.

20         3.  It is unlawful for any person to remove the

21  contents of another harvester's trap without the express

22  written consent of the trap's owner available for immediate

23  inspection. Such unauthorized removal constitutes theft. Any

24  person convicted of theft from a trap shall, in addition to

25  the penalties specified in ss. 370.021 and 370.13 and the

26  provisions of this section, permanently lose his or her

27  saltwater products license, stone crab endorsement, and all

28  trap certificates allotted to him or her through this program.

29  In such cases, trap certificates and endorsements are

30  nontransferable.

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

  2  370.021, a commercial stone crab harvester who violates the

  3  provisions of this section or the provisions relating to stone

  4  crab traps shall be punished as follows:

  5         a.  If the first violation is for violation of

  6  subparagraph 1., subparagraph 2., or subparagraph 3., the

  7  commission shall assess an additional civil penalty of up to

  8  $1,000, and the stone crab trap number issued may be suspended

  9  for the remainder of the current license year. For all other

10  first violations, the commission shall assess an additional

11  civil penalty of up to $500.

12         b.  For a second violation of subparagraph 1.,

13  subparagraph 2., or subparagraph 3., which occurs within 24

14  months of any previous such violation, the commission shall

15  assess an additional civil penalty of up to $2,000, and the

16  stone crab trap number may be suspended for the remainder of

17  the current license year.

18         c.  For a third or subsequent violation of subparagraph

19  1., subparagraph 2., or subparagraph 3., which occurs within

20  36 months of any previous two such violations, the commission

21  shall assess an additional civil penalty of up to $5,000 and

22  may suspend the stone crab trap number for a period of up to

23  24 months or may revoke the stone crab trap number and, if

24  revoking the stone crab trap number, may also proceed against

25  the licenseholder's saltwater products license in accordance

26  with the provisions of s. 370.021.

27         d.  For a fourth or subsequent violation of

28  subparagraph 1., subparagraph 2., or subparagraph 3., which

29  occurs within 48 months of any three such violations, the

30  commission shall permanently revoke the violator's saltwater

31  fishing privileges, and shall also proceed against the


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  1  licenseholder's saltwater products license in accordance with

  2  s. 370.021.

  3         e.  For the purposes of subparagraph 4, the term

  4  "violation" refers to the prohibitions proscribed by

  5  subparagraphs 1, 2, or 3, above, without regard to whether the

  6  violation was adjudicated pursuant to any state or federal

  7  law.

  8         f.  Any person assessed an additional civil penalty

  9  pursuant to this section shall within 30 calendar days after

10  notification:

11         (I)  Pay the civil penalty to the commission; or

12         (II)  Request an administrative hearing pursuant to the

13  provisions of s. 120.60.

14         g.  The commission shall suspend the stone crab trap

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

16  sub-subparagraph f.

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

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

19  certificate.

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

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

22  stone crab trap tag or certificate.

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

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

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

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

27  crab trap tag or certificate unless such action is duly

28  authorized by the commission as provided in this chapter or in

29  the rules of the commission.

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

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


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

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

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

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

  5  775.082, s. 775.083, or s. 775.084.

  6         b.  In addition to any penalty imposed pursuant to

  7  sub-subparagraph a., the commission shall levy a fine of up to

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

  9  the fair market value of the transferred certificates, as

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

11  provisions of sub-subparagraph 5.c.

12         7.  Any certificates for which the annual certificate

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

14  considered abandoned and shall revert to the commission.

15  During any period of trap reduction, any certificates

16  reverting to the commission shall become permanently

17  unavailable. Otherwise, any certificates that revert to the

18  commission are to be reallotted in such manner as provided by

19  the commission.

20         8.  The proceeds of all civil penalties collected

21  pursuant to subparagraph 4. and all fines collected pursuant

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

23  Resources Conservation Trust Fund and used only for the

24  purposes of s. 370.1322.

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

26  any period of suspension or revocation.

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

28  shall not create vested rights in licenseholders whatsoever

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

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

31  public interest.


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

  2  overall trap certificate program is to reduce the number of

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

  4  will maintain or increase overall catch levels, promote

  5  economic efficiency in the fishery, and conserve natural

  6  resources.  Therefore, the Fish and Wildlife Conservation

  7  Commission shall set an overall trap reduction goal based on

  8  maintaining or maximizing a sustained harvest from the stone

  9  crab fishery.

10         (4)  STONE CRAB TRAP CERTIFICATE TECHNICAL ADVISORY AND

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

12  stone crab trap certificate technical advisory and appeals

13  boards.  Such boards shall consider and advise the commission

14  on disputes and other problems arising from the implementation

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

16  also provide information to the commission on the operation of

17  the trap certificate program.  Regional board number one shall

18  consist of the area of Citrus County north to the Alabama

19  State line.  Regional board number two shall consist of the

20  area of Hernando County south through Lee County.  Regional

21  board number 3 shall consist of Collier and Monroe counties

22  and north up the east coast of the state.

23         (a)1.  Each board shall consist of the executive

24  director of the commission or his or her designee and 9

25  members appointed by the executive director according to the

26  following criteria:

27         a.  All appointed members shall be certificate holders,

28  but at least one shall be a holder of fewer than 100

29  certificates, two shall be holders of at least 100 but no more

30  than 750 certificates, two shall be holders of more than 750

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  1  but not more than 2,000 certificates, and two shall be holders

  2  of more than 2,000 certificates.

  3         b.  Members shall be appointed to represent all

  4  geographic areas in the region.

  5         2.  The executive director of the commission may fill

  6  any position on the initial board with a member who does not

  7  fulfill the requirements of subparagraph (a)1. if there are

  8  not enough qualified individuals available to meet those

  9  requirements. However, as soon as enough qualified individuals

10  are available to meet those requirements, the executive

11  director must replace all nonqualified appointees with

12  qualified appointees.

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

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

15  unexpired term with a person of the qualifications necessary

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

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

18  terms of 4 years, three shall serve for terms of 3 years, and

19  three shall serve for terms of 2 years.  There shall be no

20  limitation on successive appointments to the board.

21         (c)  The executive director of the commission or his or

22  her designee shall serve as a member and shall call the

23  organizational meeting of the boards. Each board shall

24  annually elect a chair and a vice chair. There shall be no

25  limitation on successive terms that may be served by a chair

26  or vice chair. A board shall meet at the request of the

27  commission, or with the commission's concurrence at the call

28  of its chair or at the request of a majority of its

29  membership, but in no case less than once yearly. A majority

30  of the board shall constitute a quorum, and official action of

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  1  the board shall require a majority vote of the total

  2  membership of the board present at the meeting.

  3         (d)  The procedural rules adopted by the boards shall

  4  conform to the requirements of chapter 120.

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

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

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

  8  brought before it, including any decision involving the

  9  allotment of certificates under paragraph (g), the boards

10  shall submit such decision to the commission for final

11  approval. The commission may alter or disapprove any decision

12  of a board, with notice thereof given in writing to the board

13  and to each party in the dispute, explaining the reasons for

14  the disapproval. The action of the commission constitutes

15  final agency action.

16         (g)  In addition to those certificates allotted

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

18  total of 150,000 certificates may be allotted by the

19  commission to settle disputes or other problems arising from

20  implementation of the trap certificate program.

21         (h)  Each board may recommend the issuance of

22  additional certificates:

23         1.  To solve disputes arising from the initial

24  allocation of certificates.

25         2.  For persons who were adversely affected by chapter

26  73-432, Laws of Florida.

27         3.  For displaced netters who were adversely affected

28  by Article X, section 16, of the State Constitution.

29         4.  For inefficient harvesting of stone crabs (less

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

31  demonstrate a need for more traps to maintain operation.


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  1         5.  For persons with claw landings, but with no traps

  2  listed on their saltwater products license application during

  3  license years 1996-1997 or 1997-1998.

  4         6.  For persons with no claw landings during license

  5  years 1996-1997 or 1997-1998 who can demonstrate an investment

  6  in the stone crab fishery by the 1998-1999 season.

  7         7.  For nonreporting by dealers.

  8         (i)  With respect to persons displaced by Article X,

  9  section 16 of the State Constitution and who do not otherwise

10  qualify for the stone crab trap certificate program provided

11  by this section, the board may recommend issuance of

12  certificates to any person who:

13         1.  Can demonstrate that he or she received net

14  buy-back money or unemployment compensation as provided in s.

15  370.0805(5);

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

17  stone crab industry by the 1998-1999 season; and

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

19

20  The provisions of this paragraph are limited to persons who

21  can demonstrate through claw landings that their fishing

22  occurred in the area from Wakulla through Monroe counties.

23  Persons who qualify pursuant to this paragraph shall be issued

24  a minimum number of 100 trap certificates.

25         (5)  DISPOSITION OF FEES.--All funds collected pursuant

26  to s. 370.1322, including civil penalties and fines shall be

27  deposited in the Marine Resources Conservation Trust Fund and

28  used only for administration of the trap certificate program,

29  research and monitoring of the stone crab fishery, enforcement

30  and public education activities in support of the purposes of

31


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    CS for CS for SB 2146                          First Engrossed



  1  this section, and for evaluating the impact of trap reduction

  2  on the stone crab fishery.

  3         (6)  RULEMAKING AUTHORITY.--The Fish and Wildlife

  4  Conservation Commission may adopt rules, including rules

  5  pursuant to ss. 120.536(1) and 120.54, as appropriate, to

  6  implement the provisions of this section.

  7         Section 4.  (1)  There is appropriated from the

  8  commercial saltwater license fee revenues in the Marine

  9  Resources Conservation Trust Fund to the Fish and Wildlife

10  Conservation Commission the sum of $97,049 for fiscal year

11  1999-2000 for four career service positions that are

12  authorized for the commission to implement the stone crab trap

13  certificate program.

14         (2)  There is appropriated from the commercial

15  saltwater license fee revenues in the Marine Resources

16  Conservation Trust Fund to the Fish and Wildlife Conservation

17  Commission the sum of $254,408 for program operation, plus

18  $130,000 to cover the cost of tags for fiscal year 1999-2000,

19  in order to implement the stone crab trap certificate program

20  in fiscal year 2000-2001.

21         (3)  After fiscal year 1999-2000, the stone crab trap

22  reduction program is intended to be a self-supporting program

23  funded from proceeds generated pursuant to this act. Not more

24  than 50 percent of the revenues generated pursuant to the

25  provisions of this act may be used for operation and

26  administration of the stone crab trap reduction program. The

27  remaining 50 percent of revenues generated under the program

28  is to be used for enforcement of the provisions of the stone

29  crab trap reduction program.

30         Section 5.  Subsection (2) of section 370.14, Florida

31  Statutes, 1998 Supplement, is amended to read:


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    CS for CS for SB 2146                          First Engrossed



  1         370.14  Crawfish; regulation.--

  2         (2)(a)  Each trap used for taking or attempting to take

  3  crawfish must have a trap number permanently attached to the

  4  trap and the buoy. This trap number may be issued by the Fish

  5  and Wildlife Conservation Commission Division of Law

  6  Enforcement upon the receipt of application by the owner of

  7  the traps and accompanied by the payment of a fee of $100. The

  8  design of the applications and of the trap number shall be

  9  determined by the commission division. However, effective July

10  1, 1988, and until July 1, 1992, no crawfish trap numbers

11  issued pursuant to this section except those numbers that were

12  active during the 1990-1991 fiscal year shall be renewed or

13  reissued. No new trap numbers shall be issued during this

14  period. Until July 1, 1992, trap number holders or members of

15  their immediate family or a person to whom the trap number was

16  transferred in writing must request renewal of the number

17  prior to June 30 of each year. If a person holding an active

18  trap number or a member of the person's immediate family or a

19  person to whom the trap number was transferred in writing does

20  not request renewal of the number before the applicable date

21  as specified above, the department may reissue the number to

22  another applicant in the order of the receipt of the

23  application for a trap number. Any trap or device used in

24  taking or attempting to take crawfish, other than a trap with

25  the trap number attached as prescribed in this paragraph,

26  shall be seized and destroyed by the commission division. The

27  proceeds of the fees imposed by this paragraph shall be

28  deposited and used as provided in paragraph (b). The

29  commission Department of Environmental Protection is

30  authorized to adopt promulgate rules and regulations to carry

31  out the intent of this section.


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    CS for CS for SB 2146                          First Engrossed



  1         (b)  Fees collected pursuant to paragraph (a) shall be

  2  deposited as follows:

  3         1.  Fifty percent of the fees collected shall be

  4  deposited in the Marine Resources Conservation Trust Fund for

  5  use in enforcing the provisions of paragraph (a) through

  6  aerial and other surveillance and trap retrieval.

  7         2.  Fifty percent of the fees collected shall be

  8  deposited as provided in s. 370.142(6)(5).

  9         Section 6.  Subsections (2) and (3) of section 370.142,

10  Florida Statutes, 1998 Supplement, are amended and subsections

11  (5) and (6) of that section are redesignated as subsections

12  (6) and (7), respectively, and a new subsection (5) is added

13  to that section, to read:

14         370.142  Spiny lobster trap certificate program.--

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

16  PENALTIES.--The Fish and Wildlife Conservation Commission

17  Department of Environmental Protection shall establish a trap

18  certificate program for the spiny lobster fishery of this

19  state and shall be responsible for its administration and

20  enforcement as follows:

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

22  saltwater products license who uses traps for taking or

23  attempting to take spiny lobsters shall be required to have a

24  certificate on record for each trap possessed or used

25  therefor, except as otherwise provided in this section.

26         1.  The Department of Environmental Protection

27  department shall initially allot such certificates to each

28  licenseholder with a current crawfish trap number who uses

29  traps.  The number of such certificates allotted to each such

30  licenseholder shall be based on the trap/catch coefficient

31  established pursuant to trip ticket records generated under


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    CS for CS for SB 2146                          First Engrossed



  1  the provisions of s. 370.06(2)(a) over a 3-year base period

  2  ending June 30, 1991. The trap/catch coefficient shall be

  3  calculated by dividing the sum of the highest reported single

  4  license-year landings up to a maximum of 30,000 pounds for

  5  each such licenseholder during the base period by 700,000.

  6  Each such licenseholder shall then be allotted the number of

  7  certificates derived by dividing his or her highest reported

  8  single license-year landings up to a maximum of 30,000 pounds

  9  during the base period by the trap/catch coefficient.

10  Nevertheless, no licenseholder with a current crawfish trap

11  number shall be allotted fewer than 10 certificates. However,

12  certificates may only be issued to individuals; therefore, all

13  licenseholders other than individual licenseholders shall

14  designate the individual or individuals to whom their

15  certificates will be allotted and the number thereof to each,

16  if more than one. After initial issuance, trap certificates

17  are transferable on a market basis and may be transferred from

18  one licenseholder to another for a fair market value agreed

19  upon between the transferor and transferee. Each such transfer

20  shall, within 72 hours thereof, be recorded on a notarized

21  form provided for that purpose by the commission department

22  and hand delivered or sent by certified mail, return receipt

23  requested, to the commission department for recordkeeping

24  purposes. In addition, in order to cover the added

25  administrative costs of the program and to recover an

26  equitable natural resource rent for the people of the state, a

27  transfer fee of $2 per certificate transferred shall be

28  assessed against the purchasing licenseholder and sent by

29  money order or cashier's check with the certificate transfer

30  form. Also, in addition to the transfer fee, a surcharge of $5

31  per certificate transferred or 25 percent of the actual market


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    CS for CS for SB 2146                          First Engrossed



  1  value, whichever is greater, given to the transferor shall be

  2  assessed the first time a certificate is transferred outside

  3  the original transferor's immediate family. No transfer of a

  4  certificate shall be effective until the commission department

  5  receives the notarized transfer form and the transfer fee,

  6  including any surcharge, is paid.  The commission department

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

  8  certificate that shall be recovered as partial compensation to

  9  the state for the enhanced access to its natural resources.

10  Final approval of such a rule shall be by the Governor and

11  Cabinet sitting as the Board of Trustees of the Internal

12  Improvement Fund. In determining whether to establish such a

13  rent and, if so, the amount thereof, the commission department

14  shall consider the amount of revenues annually generated by

15  certificate fees, transfer fees, surcharges, trap license

16  fees, and sales taxes, the demonstrated fair market value of

17  transferred certificates, and the continued economic viability

18  of the commercial lobster industry. The proceeds of equitable

19  rent recovered shall be deposited in the Marine Resources

20  Conservation Trust Fund and used by the commission department

21  for research, management, and protection of the spiny lobster

22  fishery and habitat. No transfer fee shall be assessed or

23  required when the transfer is within a family as a result of

24  the death or disability of the certificate owner.

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

26  entity may control, directly or indirectly, more than 1.5

27  percent of the total available certificates in any license

28  year.

29         3.  The commission department shall maintain records of

30  all certificates and their transfers and shall annually

31


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    CS for CS for SB 2146                          First Engrossed



  1  provide each licenseholder with a statement of certificates

  2  held.

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

  4  licenseholder shall not exceed the number of certificates held

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

  6  and a statement of certificates held shall be issued

  7  simultaneously.

  8         5.  Beginning July 1, 2003, and applicable to the

  9  2003-2004 lobster season and thereafter, it is unlawful for

10  any person to lease lobster trap tags or certificates.

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

12  take spiny lobsters in state waters or adjacent federal waters

13  shall, in addition to the crawfish trap number required by s.

14  370.14(2), have affixed thereto an annual trap tag issued by

15  the commission department. Each such tag shall be made of

16  durable plastic or similar material and shall, beginning with

17  those tags issued for the 1993-1994 season based on the number

18  of certificates held, have stamped thereon the owner's license

19  number. To facilitate enforcement and recordkeeping, such tags

20  shall be issued each year in a color different from that of

21  each of the previous 3 years. A fee of 50 cents per tag issued

22  other than on the basis of a certificate held shall be

23  assessed through March 31, 1993. Until 1995, an annual fee of

24  50 cents per certificate shall be assessed, and thereafter,

25  until 1998, an annual fee of 75 cents per certificate shall be

26  assessed upon issuance in order to recover administrative

27  costs of the tags and the certificate program. Beginning in

28  1998, the annual certificate fee shall be $1 per certificate.

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

30  provided by rule of the commission department.

31         (c)  Prohibitions; penalties.--


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    CS for CS for SB 2146                          First Engrossed



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

  2  spiny lobster trap in or on state waters or adjacent federal

  3  waters without having affixed thereto the trap tag required by

  4  this section.  It is unlawful for a person to possess or use

  5  any other gear or device designed to attract and enclose or

  6  otherwise aid in the taking of spiny lobster by trapping that

  7  is not a trap as defined in rule 46-24.006(2), Florida

  8  Administrative Code.

  9         2.  It is unlawful for a person to possess or use spiny

10  lobster trap tags without having the necessary number of

11  certificates on record as required by this section.

12         3.  It is unlawful for any person to remove the

13  contents of another harvester's trap without the express

14  written consent of the trap owner available for immediate

15  inspection. Such unauthorized removal constitutes theft. Any

16  person convicted of theft from a trap shall, in addition to

17  the penalties specified in ss. 370.021 and 370.14, and the

18  provisions of this section, permanently lose his or her

19  saltwater products license, crawfish endorsement, and all trap

20  certificates allotted to him or her through this program. In

21  such cases, trap certificates and endorsements are

22  nontransferable.

23         4.3.  In addition to any other penalties provided in s.

24  370.021, a commercial harvester, as defined by rule

25  46-24.002(1), Florida Administrative Code, who violates the

26  provisions of this section, or the provisions relating to

27  traps of chapter 46-24, Florida Administrative Code, shall be

28  punished as follows:

29         a.  If the first violation is for violation of

30  subparagraph 1., or subparagraph 2., or subparagraph 3., the

31  commission department shall assess an additional civil penalty


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    CS for CS for SB 2146                          First Engrossed



  1  of up to $1,000 and the crawfish trap number issued pursuant

  2  to s. 370.14(2) or (7) may be suspended for the remainder of

  3  the current license year. For all other first violations, the

  4  commission department shall assess an additional civil penalty

  5  of up to $500.

  6         b.  For a second violation of subparagraph 1., or

  7  subparagraph 2., or subparagraph 3. which occurs within 24

  8  months of any previous such violation, the department shall

  9  assess an additional civil penalty of up to $2,000 and the

10  crawfish trap number issued pursuant to s. 370.14(2) or (7)

11  may be suspended for the remainder of the current license

12  year.

13         c.  For a third or subsequent violation of subparagraph

14  1., or subparagraph 2., or subparagraph 3. which occurs within

15  36 months of any previous two such violations, the department

16  shall assess an additional civil penalty of up to $5,000 and

17  may suspend the crawfish trap number issued pursuant to s.

18  370.14(2) or (7) for a period of up to 24 months or may revoke

19  the crawfish trap number and, if revoking the crawfish trap

20  number, may also proceed against the licenseholder's saltwater

21  products license in accordance with the provisions of s.

22  370.021(2)(e).

23         d.  Any person assessed an additional civil penalty

24  pursuant to this section shall within 30 calendar days after

25  notification:

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

27         (II)  Request an administrative hearing pursuant to the

28  provisions of s. 120.60.

29         e.  The commission department shall suspend the

30  crawfish trap number issued pursuant to s. 370.14(2) or (7)

31


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    CS for CS for SB 2146                          First Engrossed



  1  for any person failing to comply with the provisions of

  2  sub-subparagraph d.

  3         5.4.a.  It is unlawful for any person to make, alter,

  4  forge, counterfeit, or reproduce a spiny lobster trap tag or

  5  certificate.

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

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

  8  spiny lobster trap tag or certificate.

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

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

11  a spiny lobster trap tag or certificate or to conspire to

12  barter, trade, sell, supply, aid in supplying, or give away a

13  spiny lobster trap tag or certificate unless such action is

14  duly authorized by the commission department as provided in

15  this chapter or in the rules of the commission department.

16         6.5.a.  Any person who violates the provisions of

17  subparagraph 5. 4., or any person who engages in the

18  commercial harvest, trapping, or possession of spiny lobster

19  without a crawfish trap number as required by s. 370.14(2) or

20  (7) or during any period while such crawfish trap number is

21  under suspension or revocation, commits a felony of the third

22  degree, punishable as provided in s. 775.082, s. 775.083, or

23  s. 775.084.

24         b.  In addition to any penalty imposed pursuant to

25  sub-subparagraph a., the commission department shall levy a

26  fine of up to twice the amount of the appropriate surcharge to

27  be paid on the fair market value of the transferred

28  certificates, as provided in subparagraph (a)1., on any person

29  who violates the provisions of sub-subparagraph 4.c.

30         7.6.  Any certificates for which the annual certificate

31  fee is not paid for a period of 3 years shall be considered


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    CS for CS for SB 2146                          First Engrossed



  1  abandoned and shall revert to the commission department.

  2  During any period of trap reduction, any certificates

  3  reverting to the commission department shall become

  4  permanently unavailable and be considered in that amount to be

  5  reduced during the next license-year period. Otherwise, any

  6  certificates that revert to the commission department are to

  7  be reallotted in such manner as provided by the commission

  8  department.

  9         8.7.  The proceeds of all civil penalties collected

10  pursuant to subparagraph 4. 3. and all fines collected

11  pursuant to sub-subparagraph 6.5.b. shall be deposited into

12  the Marine Resources Conservation Trust Fund.

13         9.8.  All traps shall be removed from the water during

14  any period of suspension or revocation.

15         (d)  No vested rights.--The trap certificate program

16  shall not create vested rights in licenseholders whatsoever

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

18  spiny lobster resource, the participants in the fishery, or

19  the public interest.

20         (3)  TRAP REDUCTION.--

21         (a)  The objective of the overall trap certificate

22  program is to reduce the number of traps used in the spiny

23  lobster fishery to the lowest number that will maintain or

24  increase overall catch levels, promote economic efficiency in

25  the fishery, and conserve natural resources.  Therefore, the

26  Marine Fisheries Commission shall set an overall trap

27  reduction goal based on maintaining or maximizing a sustained

28  harvest from the spiny lobster fishery.  To reach that goal,

29  the commission shall, by July 1, 1992, set an annual trap

30  reduction schedule, not to exceed 10 percent per year,

31  applicable to all certificateholders until the overall trap


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    CS for CS for SB 2146                          First Engrossed



  1  reduction goal is reached.  All certificateholders shall have

  2  their certificate holdings reduced by the same percentage of

  3  certificates each year according to the trap reduction

  4  schedule.  The department shall then issue the number of trap

  5  tags authorized by the commission, as requested, and a revised

  6  statement of certificates held.  Certificateholders may

  7  maintain or increase their total number of certificates held

  8  by purchasing available certificates from within the

  9  authorized total. The commission shall provide for an annual

10  evaluation of the trap reduction process and shall suspend the

11  annual percentage reductions for any period deemed necessary

12  by the commission in order to assess the impact of the trap

13  reduction schedule on the fishery.  The commission may then,

14  by rule, resume, terminate, or reverse the schedule as it

15  deems necessary to protect the spiny lobster resource and the

16  participants in the fishery.

17         (b)  To allow for greater flexibility in achieving the

18  goals of this legislation, the commission may vary from the

19  annual trap reduction schedule and procedures outlined in

20  paragraph (a), while still not exceeding the maximum 10

21  percent per year overall reduction in the numbers of traps. To

22  that end, the commission may implement other means of trap

23  reduction deemed appropriate to protect this resource and the

24  fishery's participants, including, but not limited to,

25  alternative approaches to trap reduction incorporating a

26  passive system of reduction wherein the number of traps are

27  reduced only as participants leave the fishery.

28         (5)(a)  Effective July 1, 1999, a person holding a

29  saltwater recreational fishing license bearing a recreational

30  crawfish stamp may use up to five crawfish traps. Recreational

31  trap tags may be issued by the Fish and Wildlife Conservation


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    CS for CS for SB 2146                          First Engrossed



  1  Commission to such person for a fee of 50 cents per tag. It is

  2  unlawful for any person to fish with or possess on the water

  3  any recreational crawfish trap unless the trap has a valid

  4  trap tag firmly attached to it. The traps must have a trap

  5  number permanently attached to the trap and the buoy. A person

  6  holding a recreational crawfish permit who is using the traps

  7  must comply with the rules of the commission governing this

  8  subsection. The recreational traps are not subject to the trap

  9  reduction schedule provided by this section. The number of

10  traps allowed under this provision does not affect the number

11  of tags authorized under s. 370.142(2).

12         (b)  The commission may adopt rules pursuant to ss.

13  120.54 and 120.536(1) to implement this subsection.

14         Section 7.  Subsection (2) of section 370.143, Florida

15  Statutes, is amended to read:

16         370.143  Retrieval of lobster and stone crab traps

17  during closed season; department authority; fees.--

18         (2)  A retrieval fee of $10 per trap retrieved shall be

19  assessed trap owners. However, for persons holding a stone

20  crab endorsement pursuant to s. 370.13(5)(a), the retrieval

21  fee shall be waived for the first five traps retrieved. Traps

22  recovered under this program shall become the property of the

23  department or its contract agent and shall be either destroyed

24  or resold to the original owner.  Revenue from retrieval fees

25  shall be deposited in the Marine Resources Conservation Trust

26  Fund and used for operation of the trap retrieval program.

27         Section 8.  Except as otherwise provided in this act,

28  this act shall take effect upon becoming a law.

29

30

31


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