Senate Bill 0240

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    Florida Senate - 2000                                   SB 240

    By Senator Bronson





    312-118B-00

  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; conforming

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:

31

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  1         Section 1.  Subsection (5) of section 370.021, Florida

  2  Statutes, is amended to read:

  3         370.021  Administration; rules, publications, records;

  4  penalties; injunctions.--

  5         (5)  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 implementing s. 370.06 or

  9  s. 370.07, involving buying saltwater products from an

10  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 may assess the following penalties:

17         (a)  For a first violation, the commission may assess a

18  civil penalty of up to $2,500 and may suspend the wholesale or

19  retail dealer's license privileges for up to 90 calendar days.

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

21  of a prior violation, the commission may assess a civil

22  penalty of up to $5,000 and may suspend the wholesale or

23  retail dealer's license privileges for up to 180 calendar

24  days.

25         (c)  For a third or subsequent violation occurring

26  within a 24-month period, the commission shall assess a civil

27  penalty of $5,000 and shall suspend the wholesale or retail

28  dealer's license privileges for up to 24 months.

29

30  Any proceeds from the civil penalties assessed pursuant to

31  this subsection shall be deposited into the Marine Resources

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

  2  percent for administration and processing purposes and 60

  3  percent for law enforcement purposes.

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

  5  370.13, Florida Statutes, is amended, and subsection (8) is

  6  added to that section, to read:

  7         370.13  Stone crab; regulation.--

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

  9  no stone crab trap numbers issued pursuant to rule

10  46-13.002(2)(e), Florida Administrative Code, except those

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

12  shall be renewed or replaced. Effective upon this act becoming

13  law, the fee for a stone crab endorsement for the taking of

14  stone crabs as set forth in this paragraph is $125, $100 of

15  which must be used by the commission for administration,

16  enforcement, management, and research costs related to stone

17  crabs and $25 of which must be used for trap retrieval under

18  s. 370.143(2).

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

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

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

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

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

24         Section 3.  Section 370.1322, Florida Statutes, is

25  created to read:

26         370.1322  Stone crab trap certificate program.--

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

28  fishery is experiencing increased congestion and conflict on

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

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

31  these and related problems, the Legislature intends to develop

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  1  under this section a stone crab trap certificate program the

  2  principal goal of which is to stabilize the fishery by

  3  reducing the total number of traps, which should increase the

  4  yield per trap and, therefore, maintain or increase overall

  5  catch levels.  Under the passive-trap-reduction program a

  6  reduction in traps will occur at the time of sale or transfer

  7  of traps. The Legislature seeks to preserve as much

  8  flexibility in the program as possible for the fishery's

  9  various constituents.

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

11  PENALTIES.--The Fish and Wildlife Conservation Commission

12  shall establish a trap certificate program for the stone crab

13  fishery of this state and shall be responsible for its

14  administration and enforcement as follows:

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

16  saltwater products license who uses traps for taking or

17  attempting to take stone crabs is required to have a

18  certificate on record for each trap possessed or used

19  therefor, except as otherwise provided in this section.

20         1.  The commission shall initially allot such

21  certificates to each licenseholder who has a current stone

22  crab trap number and who uses traps.  Anyone who holds a

23  current stone crab endorsement on his or her saltwater

24  products license for the 1999-2000 license year is eligible

25  for certificates.  In addition, in order to be eligible, the

26  applicant must show that, pursuant to trip-ticket records

27  generated under the provisions of s. 370.06(2)(a), he or she

28  had at least 300 pounds of stone crab claw landings during one

29  of the six 1-year-license periods between July 1993 and June

30  1999.  The number of certificates allotted to each endorsement

31  holder must be equal to the maximum number of traps stated on

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  1  the endorsement holder's saltwater products license

  2  application or multiple applications as determined by the

  3  endorsement holder's social security number or federal

  4  employer identification number during the 1995-1996 through

  5  1997-1998 fishing season, or the endorsement holder's highest

  6  annual stone crab claw landings during the 1995-1996 through

  7  1997-1998 fishing seasons, divided by 2 pounds per trap,

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

  9  individuals; therefore, all licenseholders other than

10  individual licenseholders shall designate the individual or

11  individuals to whom their certificates will be allotted and

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

13         2.  After initial issuance, trap certificates are

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

15  licenseholder to another for a fair market value agreed upon

16  between the transferor and transferee. Upon the sale or

17  transfer of certificates outside the immediate family of the

18  certificateholder, the commission shall reduce the number of

19  certificates received by the purchaser by the following

20  percentages depending on the overall number of certificates

21  available to individual harvesters throughout the state at the

22  time of sale:

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

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

25  of certificates received by the purchaser.

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

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

28  percent reduction in the number of certificates received by

29  the purchaser.

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

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

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  1  reduction in the number of certificates received by the

  2  purchaser.

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

  4  million certificates are available, there shall be a 15

  5  percent reduction in the number of certificates received by

  6  the purchaser.

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

  8  million certificates are available, there shall be a 10

  9  percent reduction in the number of certificates received by

10  the purchaser.

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

12  there shall be no percentage reduction in the number of

13  certificates received by the purchaser.

14

15  Within 72 hours of transferring certificates, the transfer

16  shall be recorded on a notarized form provided for that

17  purpose by the commission and hand delivered or sent by

18  certified mail, return receipt requested, to the commission

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

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

21  $2 per certificate transferred shall be assessed against the

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

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

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

25  transferred or 25 percent of the actual market value,

26  whichever is greater, given to the transferor shall be

27  assessed each time a certificate is transferred outside the

28  original transferor's immediate family. Transfer fees and

29  surcharges apply only to the actual number of certificates

30  received by the purchaser. A transfer of a certificate shall

31  not be effective until the commission receives the notarized

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  1  transfer form and the transfer fee, including any surcharge.

  2  The commission may establish, under ss. 120.536(1) and 120.54,

  3  an amount of equitable rent per trap certificate which shall

  4  be recovered as partial compensation to the state for the

  5  enhanced access to its natural resources. In determining

  6  whether to establish such a rent and, if so, the amount

  7  thereof, the commission shall consider the amount of revenues

  8  annually generated by certificate fees, transfer fees,

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

10  demonstrated fair market value of transferred certificates;

11  and the continued economic viability of the commercial stone

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

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

14  Internal Improvement Trust Fund. The proceeds of equitable

15  rent recovered must be deposited in the Marine Resources

16  Conservation Trust Fund and used for research, management,

17  enforcement, and protection of the stone crab fishery and

18  habitat. A transfer fee may not be assessed or required when

19  the transfer is within a family as a result of the death or

20  disability of the certificate owner.

21         3.  A person, firm, corporation, or other business

22  entity may not control, directly or indirectly, more than 1

23  percent of the total available certificates in any license

24  year.

25         4.  The commission shall maintain records of all

26  certificates and their transfers and shall annually provide

27  each licenseholder with a statement of certificates held.

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

29  licenseholder may not exceed the number of certificates held

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

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  1  and a statement of certificates held must be issued

  2  simultaneously.

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

  4  trap tags or certificates.

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

  6  endorsement on his or her saltwater products license is

  7  eligible to purchase a stone crab incidental take endorsement

  8  under rules of the commission.  This endorsement must be

  9  limited to a daily trip limit of 5 gallons of stone crab claws

10  per day, which may be sold pursuant to law.  The fee for the

11  endorsement is $25.

12         (b)  Trap tags.--Effective October 1, 2001, each trap

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

14  or adjacent federal waters must, in addition to the stone crab

15  trap number, have firmly affixed thereto an annual trap tag

16  issued by the commission. Each tag must be made of durable

17  plastic or similar material and must, beginning with those

18  tags issued for the 2001-2002 season based on the number of

19  certificates held, have stamped thereon the owner's license

20  number. To facilitate enforcement and recordkeeping, tags must

21  be issued each year in a color different from that of each of

22  the previous 3 years. In order to recover administrative costs

23  of the tag and the certificate program, the annual fee is 50

24  cents per certificate. Replacement tags for lost or damaged

25  tags are 50 cents each and may be obtained as provided by rule

26  of the commission.

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

28  stone crab endorsements are transferable on a market basis and

29  may be transferred for fair market value agreed upon between

30  the transferor and transferee.

31         (d)  Prohibitions; penalties.--

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  1         1.  It is unlawful for a commercial harvester to

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

  3  adjacent federal waters without having firmly affixed thereto

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

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

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

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

  8  46-13.002, Florida Administrative Code. This subparagraph does

  9  not apply to persons who possess a valid stone crab

10  incidental-take endorsement and who use traps for the directed

11  harvest of crawfish or blue crabs in accordance with rules of

12  the commission and who harvests stone crabs as an incidental

13  take of these fisheries, if the number of stone crabs so

14  harvested and in possession of that person does not exceed 5

15  gallons of stone crab claws per day.

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

17  crab trap tags without having the necessary number of

18  certificates on record as required by this section.

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

20  contents of another harvester's trap without the express

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

22  inspection. Such unauthorized removal constitutes theft. Any

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

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

25  provisions of this section, permanently lose his or her

26  saltwater products license, stone crab endorsement, and all

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

28  In such cases, trap certificates and endorsements are

29  nontransferable.

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

31  370.021, a commercial stone crab harvester who violates the

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  1  provisions of this section or the provisions relating to stone

  2  crab traps shall be punished as follows:

  3         a.  If the first violation is for violation of

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

  5  commission shall assess an additional civil penalty of up to

  6  $1,000, and the stone crab trap number issued may be suspended

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

  8  first violations, the commission shall assess an additional

  9  civil penalty of up to $500.

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

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

12  months of any previous such violation, the commission shall

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

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

15  the current license year.

16         c.  For a third or subsequent violation of subparagraph

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

18  36 months of any previous two such violations, the commission

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

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

21  24 months or may revoke the stone crab trap number and, if

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

23  the licenseholder's saltwater products license in accordance

24  with the provisions of s. 370.021.

25         d.  For a fourth or subsequent violation of

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

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

28  commission shall permanently revoke the violator's saltwater

29  fishing privileges, and shall also proceed against the

30  licenseholder's saltwater products license in accordance with

31  s. 370.021.

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

  2  "violation" refers to the prohibitions proscribed by

  3  subparagraphs 1., 2., or 3., without regard to whether the

  4  violation was adjudicated under any state or federal law.

  5         f.  Any person assessed an additional civil penalty

  6  under this section shall within 30 calendar days after

  7  notification:

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

  9         (II)  Request an administrative hearing under the

10  provisions of s. 120.60.

11         g.  The commission shall suspend the stone crab trap

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

13  sub-subparagraph f.

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

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

16  certificate.

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

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

19  stone crab trap tag or certificate.

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

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

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

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

24  crab trap tag or certificate unless such action is duly

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

26  the rules of the commission.

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

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

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

30  stone crab trap number or during any period in which the stone

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

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

  2  775.082, s. 775.083, or s. 775.084.

  3         b.  In addition to any penalty imposed under

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

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

  6  the fair market value of the transferred certificates, as

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

  8  provisions of sub-subparagraph 5.c.

  9         7.  Any certificates for which the annual certificate

10  fee is not paid for a period of 3 consecutive years is

11  considered abandoned and reverts to the commission. During any

12  period of trap reduction, any certificates reverting to the

13  commission become permanently unavailable. Otherwise, any

14  certificates that revert to the commission are to be

15  reallotted in such manner as provided by the commission.

16         8.  The proceeds of all civil penalties collected under

17  subparagraph 4. and all fines collected under sub-subparagraph

18  6.b. must be deposited into the Marine Resources Conservation

19  Trust Fund and used only for the purposes of s. 370.1322.

20         9.  All traps must be removed from the water during any

21  period of suspension or revocation.

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

23  does not create vested rights in licenseholders whatsoever and

24  may be altered or terminated as necessary to protect the stone

25  crab resource, the participants in the fishery, or the public

26  interest.

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

28  overall trap certificate program is to reduce the number of

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

30  will maintain or increase overall catch levels, promote

31  economic efficiency in the fishery, and conserve natural

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  1  resources.  Therefore, the Fish and Wildlife Conservation

  2  Commission shall set an overall trap reduction goal based on

  3  maintaining or maximizing a sustained harvest from the stone

  4  crab fishery.

  5         (4)  STONE CRAB TRAP CERTIFICATE TECHNICAL ADVISORY AND

  6  APPEALS BOARDS.--There are established the regional stone crab

  7  trap certificate technical advisory and appeals boards.  The

  8  boards shall consider and advise the commission on disputes

  9  and other problems arising from the implementation of the

10  stone crab trap certificate program.  The boards may also

11  provide information to the commission on the operation of the

12  trap certificate program.  Regional board number one consists

13  of the area of Citrus County north to the Alabama state line.

14  Regional board number two consists of the area of Hernando

15  County south through Lee County.  Regional board number three

16  consists of Collier and Monroe counties and north up the east

17  coast of the state.

18         (a)1.  Each board consists of the executive director of

19  the commission or his or her designee and nine members

20  appointed by the executive director according to the following

21  criteria:

22         a.  All appointed members must be certificateholders,

23  but at least one must be a holder of fewer than 100

24  certificates, two must be holders of at least 100 but no more

25  than 750 certificates, two must be holders of more than 750

26  but not more than 2,000 certificates, and two must be holders

27  of more than 2,000 certificates.

28         b.  The membership must be representative of all

29  geographic areas in the region.

30         2.  The executive director of the commission may fill

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

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

  2  not enough qualified individuals available to meet those

  3  requirements. However, as soon as enough qualified individuals

  4  are available to meet those requirements, the executive

  5  director must replace all nonqualified appointees with

  6  qualified appointees.

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

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

  9  unexpired term with a person qualified to maintain the

10  requirements of subparagraph (a)1.  However, of the initial

11  appointees on each board, three shall be appointed to serve

12  for terms of 4 years, three shall be appointed to serve for

13  terms of 3 years, and three shall be appointed to serve for

14  terms of 2 years.  There is no limitation on successive

15  appointments to the board.

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

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

18  organizational meeting of the boards. Each board shall

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

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

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

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

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

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

25  of the board constitutes a quorum, and official action of the

26  board requires a majority vote of the total membership of the

27  board present at the meeting.

28         (d)  The procedural rules adopted by the boards must

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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  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 boards

  4  shall submit the decision to the commission for final

  5  approval. The commission may alter or disapprove any decision

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

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

  8  the disapproval. The action of the commission constitutes

  9  final agency action.

10         (g)  In addition to those certificates allotted under

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

12  150,000 certificates may be allotted by the commission to

13  settle disputes or other problems arising from implementation

14  of the trap certificate program.

15         (h)  Each board may recommend the issuance of

16  additional certificates:

17         1.  To solve disputes arising from the initial

18  allocation of certificates.

19         2.  For persons who were adversely affected by chapter

20  73-432, Laws of Florida.

21         3.  For displaced netters who were adversely affected

22  by s. 16, Art. X of the State Constitution.

23         4.  For inefficient harvesting of stone crabs (less

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

25  demonstrate a need for more traps to maintain operation.

26         5.  For persons with claw landings but with no traps

27  listed on their saltwater products license application during

28  license years 1995-1996 through 1997-1998.

29         6.  For persons with no claw landings during license

30  years 1995-1996 through 1997-1998 who invested in the stone

31  crab fishery by the 1999-2000 season.

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  1         7.  For nonreporting by dealers.

  2         (i)  With respect to persons displaced by s. 16, Art. X

  3  of the State Constitution and who do not otherwise qualify for

  4  the stone crab trap certificate program provided by this

  5  section, the board may recommend issuance of certificates to

  6  any person who:

  7         1.  Received net buy-back money or unemployment

  8  compensation as provided in s. 370.0805(5);

  9         2.  Invested in the stone crab industry by the

10  1999-2000 season; and

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

12

13  This paragraph is limited to persons who can demonstrate

14  through claw landings that their fishing occurred in the area

15  from Wakulla through Monroe counties.  Persons who qualify

16  under this paragraph shall be issued a minimum number of 100

17  trap certificates.

18         (5)  DISPOSITION OF FEES.--All funds collected under s.

19  370.1322, including civil penalties and fines, shall be

20  deposited in the Marine Resources Conservation Trust Fund and

21  used only for administration of the trap certificate program,

22  research and monitoring of the stone crab fishery, enforcement

23  and public education activities in support of the purposes of

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

25  on the stone crab fishery.

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

27  Conservation Commission may adopt rules, including rules under

28  ss. 120.536(1) and 120.54, as appropriate, to implement this

29  section.

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

31  commercial saltwater license fee revenues in the Marine

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  1  Resources Conservation Trust Fund to the Fish and Wildlife

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

  3  2000-2001 for four career service positions that are

  4  authorized for the commission to implement the stone crab trap

  5  certificate program.

  6         (2)  There is appropriated from the commercial

  7  saltwater license fee revenues in the Marine Resources

  8  Conservation Trust Fund to the Fish and Wildlife Conservation

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

10  $130,000 to cover the cost of tags for fiscal year 2000-2001,

11  in order to implement the stone crab trap certificate program

12  in fiscal year 2000-2001.

13         (3)  After fiscal year 2000-2001, the stone crab trap

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

15  funded from proceeds generated under this act. Not more than

16  50 percent of the revenues generated under this act may be

17  used for operation and administration of the stone crab trap

18  reduction program. The remaining 50 percent of revenues

19  generated under the program are to be used for enforcement of

20  the provisions of the stone crab trap reduction program.

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

22  Statutes, is amended to read:

23         370.14  Crawfish; regulation.--

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

25  crawfish must have a trap number permanently attached to the

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

27  and Wildlife Conservation Commission upon the receipt of

28  application by the owner of the traps and accompanied by the

29  payment of a fee of $100. The design of the applications and

30  of the trap number shall be determined by the commission. Any

31  trap or device used in taking or attempting to take crawfish,

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  1  other than a trap with the trap number attached as prescribed

  2  in this paragraph, shall be seized and destroyed by the

  3  commission. The proceeds of the fees imposed by this paragraph

  4  shall be deposited and used as provided in paragraph (b). The

  5  commission may adopt is authorized to promulgate rules and

  6  regulations to carry out the intent of this section.

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

  8  deposited as follows:

  9         1.  Fifty percent of the fees collected shall be

10  deposited in the Marine Resources Conservation Trust Fund for

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

12  aerial and other surveillance and trap retrieval.

13         2.  Fifty percent of the fees collected shall be

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

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

16  Florida Statutes, are amended, present subsections (5) and (6)

17  of that section are redesignated as subsections (6) and (7),

18  respectively, and a new subsection (5) is added to that

19  section to read:

20         370.142  Spiny lobster trap certificate program.--

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

22  PENALTIES.--The Fish and Wildlife Conservation Commission

23  shall establish a trap certificate program for the spiny

24  lobster fishery of this state and shall be responsible for its

25  administration and enforcement as follows:

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

27  saltwater products license who uses traps for taking or

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

29  certificate on record for each trap possessed or used

30  therefor, except as otherwise provided in this section.

31

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  1         1.  The Department of Environmental Protection shall

  2  initially allot such certificates to each licenseholder with a

  3  current crawfish trap number who uses traps.  The number of

  4  such certificates allotted to each such licenseholder shall be

  5  based on the trap/catch coefficient established pursuant to

  6  trip ticket records generated under the provisions of s.

  7  370.06(2)(a) over a 3-year base period ending June 30, 1991.

  8  The trap/catch coefficient shall be calculated by dividing the

  9  sum of the highest reported single license-year landings up to

10  a maximum of 30,000 pounds for each such licenseholder during

11  the base period by 700,000. Each such licenseholder shall then

12  be allotted the number of certificates derived by dividing his

13  or her highest reported single license-year landings up to a

14  maximum of 30,000 pounds during the base period by the

15  trap/catch coefficient. Nevertheless, no licenseholder with a

16  current crawfish trap number shall be allotted fewer than 10

17  certificates. However, certificates may only be issued to

18  individuals; therefore, all licenseholders other than

19  individual licenseholders shall designate the individual or

20  individuals to whom their certificates will be allotted and

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

22  issuance, trap certificates are transferable on a market basis

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

24  fair market value agreed upon between the transferor and

25  transferee. Each such transfer shall, within 72 hours thereof,

26  be recorded on a notarized form provided for that purpose by

27  the Fish and Wildlife Conservation Commission and hand

28  delivered or sent by certified mail, return receipt requested,

29  to the commission for recordkeeping purposes. In addition, in

30  order to cover the added administrative costs of the program

31  and to recover an equitable natural resource rent for the

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  1  people of the state, a transfer fee of $2 per certificate

  2  transferred shall be assessed against the purchasing

  3  licenseholder and sent by money order or cashier's check with

  4  the certificate transfer form. Also, in addition to the

  5  transfer fee, a surcharge of $5 per certificate transferred or

  6  25 percent of the actual market value, whichever is greater,

  7  given to the transferor shall be assessed the first time a

  8  certificate is transferred outside the original transferor's

  9  immediate family. No transfer of a certificate shall be

10  effective until the commission receives the notarized transfer

11  form and the transfer fee, including any surcharge, is paid.

12  The commission may establish by rule an amount of equitable

13  rent per trap certificate that shall be recovered as partial

14  compensation to the state for the enhanced access to its

15  natural resources. Final approval of such a rule shall be by

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

17  the Internal Improvement Fund. In determining whether to

18  establish such a rent and, if so, the amount thereof, the

19  commission shall consider the amount of revenues annually

20  generated by certificate fees, transfer fees, surcharges, trap

21  license fees, and sales taxes, the demonstrated fair market

22  value of transferred certificates, and the continued economic

23  viability of the commercial lobster industry. The proceeds of

24  equitable rent recovered shall be deposited in the Marine

25  Resources Conservation Trust Fund and used by the commission

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

27  fishery and habitat. A transfer fee may not be assessed or

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

29  the death or disability of the certificate owner.

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

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

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  1  percent of the total available certificates in any license

  2  year.

  3         3.  The commission shall maintain records of all

  4  certificates and their transfers and shall annually provide

  5  each licenseholder with a statement of certificates held.

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

  7  licenseholder shall not exceed the number of certificates held

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

  9  and a statement of certificates held shall be issued

10  simultaneously.

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

12  2003-2004 lobster season and thereafter, it is unlawful for

13  any person to lease lobster trap tags or certificates.

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

15  take spiny lobsters in state waters or adjacent federal waters

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

17  370.14(2), have affixed thereto an annual trap tag issued by

18  the commission. Each such tag shall be made of durable plastic

19  or similar material and shall, based on the number of

20  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. The annual certificate fee shall

24  be $1 per certificate. Replacement tags for lost or damaged

25  tags may be obtained as provided by rule of the commission.

26         (c)  Prohibitions; penalties.--

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

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

29  waters without having affixed thereto the trap tag required by

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

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

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

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

  3  Administrative Code.

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

  5  lobster trap tags without having the necessary number of

  6  certificates on record as required by this section.

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

  8  contents of another harvester's trap without the express

  9  written consent of the trap owner available for immediate

10  inspection. Such unauthorized removal constitutes theft. Any

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

12  the penalties specified in ss. 370.021 and 370.14 and the

13  provisions of this section, permanently lose his or her

14  saltwater products license, crawfish endorsement, and all trap

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

16  such cases, trap certificates and endorsements are

17  nontransferable.

18         4.3.  In addition to any other penalties provided in s.

19  370.021, a commercial harvester, as defined by rule

20  46-24.002(1), Florida Administrative Code, who violates the

21  provisions of this section, or the provisions relating to

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

23  punished as follows:

24         a.  If the first violation is for violation of

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

26  commission shall assess an additional civil penalty of up to

27  $1,000 and the crawfish trap number issued pursuant to s.

28  370.14(2) or (6) may be suspended for the remainder of the

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

30  commission shall assess an additional civil penalty of up to

31  $500.

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

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

  3  months of any previous such violation, the commission shall

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

  5  crawfish trap number issued pursuant to s. 370.14(2) or (6)

  6  may be suspended for the remainder of the current license

  7  year.

  8         c.  For a third or subsequent violation of subparagraph

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

10  36 months of any previous two such violations, the commission

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

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

13  370.14(2) or (6) for a period of up to 24 months or may revoke

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

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

16  products license in accordance with the provisions of s.

17  370.021(2)(i).

18         d.  Any person assessed an additional civil penalty

19  pursuant to this section shall within 30 calendar days after

20  notification:

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

22         (II)  Request an administrative hearing pursuant to the

23  provisions of s. 120.60.

24         e.  The commission shall suspend the crawfish trap

25  number issued pursuant to s. 370.14(2) or (6) for any person

26  failing to comply with the provisions of sub-subparagraph d.

27         5.4.a.  It is unlawful for any person to make, alter,

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

29  certificate.

30

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  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 commission as provided in this chapter

10  or in the rules of the commission.

11         6.5.a.  Any person who violates the provisions of

12  subparagraph 5. subparagraph 4., or any person who engages in

13  the commercial harvest, trapping, or possession of spiny

14  lobster without a crawfish trap number as required by s.

15  370.14(2) or (6) or during any period while such crawfish trap

16  number is under suspension or revocation, commits a felony of

17  the third degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084.

19         b.  In addition to any penalty imposed pursuant to

20  sub-subparagraph a., the commission 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         7.6.  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 commission. During any

28  period of trap reduction, any certificates reverting to the

29  commission 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

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  1  to the commission are to be reallotted in such manner as

  2  provided by the commission.

  3         8.7.  The proceeds of all civil penalties collected

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

  5  collected pursuant to sub-subparagraph 6.b. sub-subparagraph

  6  5.b. shall be deposited into the Marine Resources Conservation

  7  Trust Fund.

  8         9.8.  All traps shall be removed from the water during

  9  any period of suspension or revocation.

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

11  shall not create vested rights in licenseholders whatsoever

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

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

14  the public interest.

15         (3)  TRAP REDUCTION.--(a)  The objective of the overall

16  trap certificate program is to reduce the number of traps used

17  in the spiny lobster fishery to the lowest number that will

18  maintain or increase overall catch levels, promote economic

19  efficiency in the fishery, and conserve natural resources.

20  Therefore, the Marine Fisheries Commission shall set an

21  overall trap reduction goal based on maintaining or maximizing

22  a sustained harvest from the spiny lobster fishery.  To reach

23  that goal, the Marine Fisheries Commission shall, by July 1,

24  1992, set an annual trap reduction schedule, not to exceed 10

25  percent per year, applicable to all certificateholders until

26  the overall trap reduction goal is reached. All

27  certificateholders shall have their certificate holdings

28  reduced by the same percentage of certificates each year

29  according to the trap reduction schedule. Until July 1, 1999,

30  the Department of Environmental Protection shall issue the

31  number of trap tags authorized by the Marine Fisheries

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  1  Commission, as requested, and a revised statement of

  2  certificates held. Beginning July 1, 1999, the Fish and

  3  Wildlife Conservation Commission shall annually issue the

  4  number of trap tags authorized by the commission's schedule,

  5  as requested, and a revised statement of certificates held.

  6  Certificateholders may maintain or increase their total number

  7  of certificates held by purchasing available certificates from

  8  within the authorized total. The Fish and Wildlife

  9  Conservation Commission shall provide for an annual evaluation

10  of the trap reduction process and shall suspend the annual

11  percentage reductions for any period deemed necessary by the

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

13  schedule on the fishery.  The Fish and Wildlife Conservation

14  Commission may then, by rule, resume, terminate, or reverse

15  the schedule as it deems necessary to protect the spiny

16  lobster resource and the participants in the fishery.

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

18  goals of this section, the commission may vary from the annual

19  trap reduction schedule and procedures outlined in paragraph

20  (a), while still not exceeding the maximum 10 percent per year

21  overall reduction in the numbers of traps. To that end, the

22  commission may implement other means of trap reduction deemed

23  appropriate to protect this resource and the fishery's

24  participants, including, but not limited to, alternative

25  approaches to trap reduction incorporating a passive system of

26  reduction wherein the number of traps are reduced only as

27  participants leave the fishery.

28         (5)(a)  Effective July 1, 2000, 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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  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 subsection does not affect the number

11  of tags authorized under subsection (2).

12         (b)  The commission may adopt rules under ss. 120.54

13  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; commission 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 under s. 370.13(5)(a), the retrieval fee

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

22  recovered under this program shall become the property of the

23  commission 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

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

  2                          SENATE SUMMARY

  3    Provides penalties for buying saltwater products from
      unlicensed persons and for selling saltwater products by
  4    unlicensed persons. Provides a fee for a stone crab
      endorsement on a saltwater products license. Establishes
  5    a stone crab trap certificate program with
      appropriations, fees, rulemaking authority, and
  6    penalties. Provides for a trap retrieval fee. Provides
      penalties for removal of trap contents. Authorizes
  7    additional means of trap reduction. Provides for a fee
      waiver.
  8

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