HB 1639 2003
1	A bill to be entitled
2	An act relating to saltwater products; amending s.
3	253.035, F.S.; requiring the Department of Environmental
4	Protection to place permanent anchorage buoys in Silver
5	Glen Run and Silver Glen Springs; prohibiting described
6	anchorage in such areas upon placement of said buoys;
7	providing penalties for violation; amending s. 327.30,
8	F.S.; revising notification requirements for described
9	boating accidents; amending s. 327.43, F.S.; removing
10	requirement that the Fish and Wildlife Conservation
11	Commission place said buoys; deleting certain
12	prohibitions; deleting penalties for violation; amending
13	s. 370.021, F.S.; revising penalties for described
14	violations of saltwater products licensing requirements;
15	amending 370.15, F.S.; deleting license requirement for
16	live bait shrimping; amending s. 370.153, F.S.; deleting
17	provisions requiring certain equipment while live bait
18	shrimping; amending s. 370.1535, F.S.; correcting a cross
19	reference; amending s. 370.154, F.S.; correcting a cross
20	reference; reenacting ss. 370.0603(2)(d), 370.07(5)(c) and
21	(6)(b), 370.13(2)(a) and (b), 370.135(1), 370.142(2)(c),
22	and 372.5704(5), F.S., to incorporate amendments made by
23	the act in references thereto; providing an effective
24	date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Section 253.035, Florida Statutes, is amended
29	to read:
30	253.035 CoastalAnchorage areas.--
31	(1)On or after January 1, 1993, if an anchorage area at a
32	deepwater port has been formally designated by the United States
33	Coast Guard, it shall be unlawful for commercial vessels waiting
34	to enter the port to anchor outside the anchorage area.
35	(2) The Department of Environmental Protection is hereby
36	directed to establish permanent anchorage buoys within Silver
37	Glen Run and Silver Glen Springs. If permanent anchorage buoys
38	are established, it shall be unlawful for any vessel to anchor
39	or otherwise attach, temporarily or permanently, to the bottom
40	within Silver Glen Run or Silver Glen Springs. The provisions of
41	this subsection shall not be construed to limit the existing
42	authority of the Board of Trustees of the Internal Improvement
43	Trust Fund to regulate anchoring or mooring under s.
44	253.03(7)(b).
45	(3) In addition to the provisions of s. 253.04, any
46	violation of this section shall constitute a violation of the
47	boating laws of this state, punishable as provided in s. 327.73.
48	Section 2. Subsection (2) of section 327.30, Florida
49	Statutes, is amended to read:
50	327.30 Collisions, accidents, and casualties.--
51	(2) In the case of collision, accident, or other casualty
52	involving a vessel in or upon or entering into or exiting from
53	the water, including capsizing, collision with another vessel or
54	object, sinking, personal injury requiring medical treatment
55	beyond immediate first aid, death, disappearance of any person
56	from on board under circumstances which indicate the possibility
57	of death or injury, or damage to any vessel or other property in
58	an apparent aggregate amount of at least $2,000$500, the
59	operator shall without delay, by the quickest means available
60	give notice of the accident to one of the following agencies:
61	the Division of Law Enforcement of the Fish and Wildlife
62	Conservation Commission; the sheriff of the county within which
63	the accident occurred; or the police chief of the municipality
64	within which the accident occurred, if applicable.
65	Section 3. Section 327.43, Florida Statutes, is amended to
66	read:
67	327.43 Silver Glen Run and Silver Glen Springs; navigation
68	channel; anchorage buoys; violations.--
69	(1)The Fish and Wildlife Conservation Commission is
70	hereby directed to mark a navigation channel within Silver Glen
71	Run and Silver Glen Springs, located on the western shore of
72	Lake George on the St. Johns River.
73	(2) The commission is further directed to establish
74	permanent anchorage buoys within Silver Glen Run and Silver Glen
75	Springs.
76	(3) Vessel anchorage or mooring shall only be allowed
77	utilizing permanently established anchorage buoys. No vessel
78	shall anchor or otherwise attach, temporarily or permanently, to
79	the bottom within Silver Glen Run or Silver Glen Springs.
80	(4) Any violation of this act shall constitute a violation
81	of the boating laws of this state and shall be punishable by
82	issuance of a uniform boating citation as provided in s. 327.74.
83	Any person who refuses to post a bond or accept and sign a
84	uniform boating citation, as provided in s. 327.73(3), commits a
85	misdemeanor of the second degree, punishable as provided in s.
86	775.082 or s. 775.083.
87	Section 4. Section 370.021, Florida Statutes, is amended
88	to read:
89	370.021 Administration; rules, publications, records;
90	penalties; injunctions.--
91	(1) PENALTIES.--Unless otherwise provided by law, any
92	person, firm, or corporation who is convicted for violating any
93	provision of this chapter, or any rule of the Fish and Wildlife
94	Conservation Commission relating to the conservation of marine
95	resources, shall be punished:
96	(a) Upon a first conviction, by imprisonment for a period
97	of not more than 60 days or by a fine of not less than $100 nor
98	more than $500, or by both such fine and imprisonment.
99	(b) On a second or subsequent conviction within 12 months,
100	by imprisonment for not more than 6 months or by a fine of not
101	less than $250 nor more than $1,000, or by both such fine and
102	imprisonment.
103
104	Upon final disposition of any alleged offense for which a
105	citation for any violation of this chapter or the rules of the
106	commission has been issued, the court shall, within 10 days,
107	certify the disposition to the commission.
108	(2) MAJOR VIOLATIONS.--In addition to the penalties
109	provided in paragraphs (1)(a) and (b), the court shall assess
110	additional penalties against any person, firm, or corporation
111	convicted of major violations as follows:
112	(a) For a violation involving more than 100 illegal blue
113	crabs, crawfish, or stone crabs, an additional penalty of $10
114	for each illegal blue crab, crawfish, stone crab, or part
115	thereof.
116	(b) For a violation involving the taking or harvesting of
117	shrimp from a nursery or other prohibited area, or any two
118	violations within a 12-month period involving shrimping gear,
119	minimum size (count), or season, an additional penalty of $10
120	for each pound of illegal shrimp or part thereof.
121	(c) For a violation involving the taking or harvesting of
122	oysters from nonapproved areas or the taking or possession of
123	unculled oysters, an additional penalty of $10 for each bushel
124	of illegal oysters.
125	(d) For a violation involving the taking or harvesting of
126	clams from nonapproved areas, an additional penalty of $100 for
127	each 500 count bag of illegal clams.
128	(e) For a violation involving the taking, harvesting, or
129	possession of any of the following species, which are
130	endangered, threatened, or of special concern:
131	1. Shortnose sturgeon (Acipenser brevirostrum);
132	2. Atlantic sturgeon (Acipenser oxyrhynchus);
133	3. Common snook (Centropomus undecimalis);
134	4. Atlantic loggerhead turtle (Caretta caretta caretta);
135	5. Atlantic green turtle (Chelonia mydas mydas);
136	6. Leatherback turtle (Dermochelys coriacea);
137	7. Atlantic hawksbill turtle (Eretmochelys imbricata
138	imbracata);
139	8. Atlantic ridley turtle (Lepidochelys kempi); or
140	9. West Indian manatee (Trichechus manatus latirostris),
141
142	an additional penalty of $100 for each unit of marine life or
143	part thereof.
144	(f) For a second or subsequent conviction within 24 months
145	for any violation of the same law or rule involving the taking
146	or harvesting of more than 100 pounds of any finfish, an
147	additional penalty of $5 for each pound of illegal finfish.
148	(g) For any violation involving the taking, harvesting, or
149	possession of more than 1,000 pounds of any illegal finfish, an
150	additional penalty equivalent to the wholesale value of the
151	illegal finfish.
152	(h) Permits issued to any person, firm, or corporation by
153	the commission to take or harvest saltwater products, or any
154	license issued pursuant to s. 370.06 or s. 370.07 may be
155	suspended or revoked by the commission, pursuant to the
156	provisions and procedures of s. 120.60, for any major violation
157	prescribed in this subsection:
158	1. Upon a first conviction, for up to 30 calendar days.
159	2. Upon a second conviction which occurs within 12 months
160	after a prior violation, for up to 90 calendar days.
161	3. Upon a third conviction which occurs within 24 months
162	after a prior conviction, for up to 180 calendar days.
163	4. Upon a fourth conviction which occurs within 36 months
164	after a prior conviction, for a period of 6 months to 3 years.
165	(i) Upon the arrest and conviction for a major violation
166	involving stone crabs, the licenseholder must show just cause
167	why his or her license should not be suspended or revoked. For
168	the purposes of this paragraph, a "major violation" means a
169	major violation as prescribed for illegal stone crabs; any
170	single violation involving possession of more than 25 stone
171	crabs during the closed season or possession of 25 or more
172	whole-bodied or egg-bearing stone crabs; any violation for trap
173	molestation, trap robbing, or pulling traps at night; or any
174	combination of violations in any 3-consecutive-year period
175	wherein more than 75 illegal stone crabs in the aggregate are
176	involved.
177	(j) Upon the arrest and conviction for a major violation
178	involving crawfish, the licenseholder must show just cause why
179	his or her license should not be suspended or revoked. For the
180	purposes of this paragraph, a "major violation" means a major
181	violation as prescribed for illegal crawfish; any single
182	violation involving possession of more than 25 crawfish during
183	the closed season or possession of more than 25 wrung crawfish
184	tails or more than 25 egg-bearing or stripped crawfish; any
185	violation for trap molestation, trap robbing, or pulling traps
186	at night; or any combination of violations in any 3-consecutive-
187	year period wherein more than 75 illegal crawfish in the
188	aggregate are involved.
189	(k) Upon the arrest and conviction for a major violation
190	involving blue crabs, the licenseholder shall show just cause
191	why his or her saltwater products license should not be
192	suspended or revoked. This paragraph shall not apply to an
193	individual fishing with no more than five traps. For the
194	purposes of this paragraph, a "major violation" means a major
195	violation as prescribed for illegal blue crabs, any single
196	violation wherein 50 or more illegal blue crabs are involved;
197	any violation for trap molestation, trap robbing, or pulling
198	traps at night; or any combination of violations in any 3-
199	consecutive-year period wherein more than 100 illegal blue crabs
200	in the aggregate are involved.
201	(l) Upon the conviction for a major violation involving
202	finfish, the licenseholder must show just cause why his or her
203	saltwater products license should not be suspended or revoked.
204	For the purposes of this paragraph, a major violation is
205	prescribed for the taking and harvesting of illegal finfish, any
206	single violation involving the possession of more than 100
207	pounds of illegal finfish, or any combination of violations in
208	any 3-consecutive-year period wherein more than 200 pounds of
209	illegal finfish in the aggregate are involved.
210	(m) For a violation involving the taking or harvesting of
211	any marine life species, as those species are defined by rule of
212	the commission, the harvest of which is prohibited, or the
213	taking or harvesting of such a species out of season, or with an
214	illegal gear or chemical, or any violation involving the
215	possession of 25 or more individual specimens of marine life
216	species, or any combination of violations in any 3-year period
217	involving more than 70 such specimens in the aggregate, the
218	suspension or revocation of the licenseholder's marine life
219	endorsement as provided in paragraph (h).
220
221	Notwithstanding the provisions of s. 948.01, no court may
222	suspend, defer, or withhold adjudication of guilt or imposition
223	of sentence for any major violation prescribed in this
224	subsection. The proceeds from the penalties assessed pursuant to
225	this subsection shall be deposited into the Marine Resources
226	Conservation Trust Fund to be used for marine fisheries research
227	or into the commission's Federal Law Enforcement Trust Fund as
228	provided in s. 372.107, as applicable.
229	(3) PENALTIES FOR USE OF ILLEGAL NETS.--
230	(a) It is a major violation pursuant to this section,
231	punishable as provided in paragraph (b) for any person, firm, or
232	corporation to be simultaneously in possession of any species of
233	mullet in excess of the recreational daily bag limit and any
234	gill or other entangling net as defined in s. 16(c), Art. X of
235	the State Constitution. Simultaneous possession under this
236	provision shall include possession of mullet and gill or other
237	entangling nets on separate vessels or vehicles where such
238	vessels or vehicles are operated in coordination with one
239	another including vessels towed behind a main vessel. This
240	subsection does not prohibit a resident of this state from
241	transporting on land, from Alabama to this state, a commercial
242	quantity of mullet together with a gill net if:
243	1. The person possesses a valid commercial fishing license
244	that is issued by the State of Alabama and that allows the
245	person to use a gill net to legally harvest mullet in commercial
246	quantities from Alabama waters.
247	2. The person possesses a trip ticket issued in Alabama
248	and filled out to match the quantity of mullet being
249	transported, and the person is able to present such trip ticket
250	immediately upon entering this state.
251	3. The mullet are to be sold to a wholesale saltwater
252	products dealer located in Escambia County or Santa Rosa County,
253	which dealer also possesses a valid seafood dealer's license
254	issued by the State of Alabama. The dealer's name must be
255	clearly indicated on the trip ticket.
256	4. The mullet being transported are totally removed from
257	any net also being transported.
258	(b) In addition to being subject to the other penalties
259	provided in this chapter, any violation of s. 16(b), Art. X of
260	the State Constitution, or any rules of the commission which
261	implement the gear prohibitions and restrictions specified
262	therein shall be considered a major violation; and any person,
263	firm, or corporation receiving any judicial disposition other
264	than acquittal or dismissal of such violation shall be subject
265	to the following additional penalties:
266	1. For a first major violation within a 7-year period, a
267	civil penalty of $2,500 and suspension of all saltwater products
268	license privileges for 90 calendar days following final
269	disposition shall be imposed.
270	2. For a second major violation under this paragraph
271	charged within 7 years of a previous judicial disposition, which
272	results in a second judicial disposition other than acquittal or
273	dismissal, a civil penalty of $5,000 and suspension of all
274	saltwater products license privileges for 12 months shall be
275	imposed.
276	3. For a third or subsequent major violation under this
277	paragraph, charged within a 7-year period, resulting in a third
278	or subsequent judicial disposition other than acquittal or
279	dismissal, a civil penalty of $5,000, lifetime revocation of the
280	saltwater products license, and forfeiture of all gear and
281	equipment used in the violation shall be imposed.
282
283	A court may suspend, defer, or withhold adjudication of guilt or
284	imposition of sentence only for any first violation of s. 16,
285	Art. X of the State Constitution, or any rule or statute
286	implementing its restrictions, determined by a court only after
287	consideration of competent evidence of mitigating circumstances
288	to be a nonflagrant or minor violation of those restrictions
289	upon the use of nets. Any violation of s. 16, Art. X of the
290	State Constitution, or any rule or statute implementing its
291	restrictions, occurring within a 7-year period commencing upon
292	the conclusion of any judicial proceeding resulting in any
293	outcome other than acquittal shall be punished as a second,
294	third, or subsequent violation accordingly.
295	(c) During the period of suspension or revocation of
296	saltwater license privileges under this subsection, the licensee
297	shall not participate in the taking or harvesting, or attempt
298	the taking or harvesting, of saltwater products from any vessel
299	within the waters of the state; be aboard any vessel on which a
300	commercial quantity of saltwater products is possessed through
301	an activity requiring a license pursuant to this section; or
302	engage in any other activity requiring a license, permit, or
303	certificate issued pursuant to this chapter. Any person who is
304	convicted of violating this paragraph:
305	1. Upon a first or second conviction, is guilty of a
306	misdemeanor of the first degree, punishable as provided in s.
307	775.082 or s. 775.083.
308	2. Upon a third or subsequent conviction, is guilty of a
309	felony of the third degree, punishable as provided in s.
310	775.082, s. 775.083, or s. 775.084.
311	(d) Upon reinstatement of saltwater license privileges
312	suspended pursuant to a violation of this subsection, a licensee
313	owning or operating a vessel containing or otherwise
314	transporting in or on Florida waters any gill net or other
315	entangling net, or containing or otherwise transporting in
316	nearshore and inshore Florida waters any net containing more
317	than 500 square feet of mesh area shall remain restricted for a
318	period of 12 months following reinstatement, to operating under
319	the following conditions:
320	1. Vessels subject to this reinstatement period shall be
321	restricted to the corridors established by commission rule.
322	2. A violation of the reinstatement period provisions
323	shall be punishable pursuant to paragraphs (1)(a) and (b).
324	(4) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING
325	CERTAIN FINFISH.--It is a major violation pursuant to this
326	section, punishable as provided in paragraph (3)(b), for any
327	person to be in possession of any species of trout, snook, or
328	redfish which is three fish in excess of the recreational or
329	commercial daily bag limit.
330	(5) SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY
331	HARVESTED PRODUCTS.--In addition to other penalties authorized
332	in this chapter, any violation of s. 370.06 or s. 370.07, or
333	rules of the commission implementing s. 370.06 or s. 370.07,
334	involving the purchase of saltwater products by a commercial
335	wholesale dealer, retail dealer, or restaurant facility for
336	public consumption from an unlicensed person, firm, or
337	corporation, or the sale of saltwater products by an unlicensed
338	person, firm, or corporation or the purchase or sale of any
339	saltwater product known to be taken in violation of s. 16, Art.
340	X of the State Constitution, or rule or statute implementing the
341	provisions thereof, by a commercial wholesale dealer, retail
342	dealer, or restaurant facility, for public consumption, is a
343	major violation, and the commission may assess the following
344	penalties:
345	(a) For a first violation, the commission may assess a
346	civil penalty of up to $2,500 and may suspend the wholesale or
347	retail dealer's license privileges for up to 90 calendar days.
348	(b) For a second violation occurring within 12 months of a
349	prior violation, the commission may assess a civil penalty of up
350	to $5,000 and may suspend the wholesale or retail dealer's
351	license privileges for up to 180 calendar days.
352	(c) For a third or subsequent violation occurring within a
353	24-month period, the commission shall assess a civil penalty of
354	$5,000 and shall suspend the wholesale or retail dealer's
355	license privileges for up to 24 months.
356
357	Any proceeds from the civil penalties assessed pursuant to this
358	subsection shall be deposited into the Marine Resources
359	Conservation Trust Fund and shall be used as follows: 40 percent
360	for administration and processing purposes and 60 percent for
361	law enforcement purposes.
362	(6) SALTWATER PRODUCTS LICENSE; LICENSE VIOLATIONS.--It is
363	a major violation pursuant to this section for any person
364	required to be licensed under this chapter to sell or purchase
365	any saltwater product or harvest or attempt to harvest any
366	saltwater product with intent to sell without the required
367	licenses, punishable as follows:
368	(a) In addition to being subject to other penalties
369	provided in this chapter, upon a second or subsequent violation,
370	any person who sells or purchases any saltwater product without
371	having purchased the licenses and permits required by this
372	chapter for such sale shall be subject to the following
373	additional penalties:
374	1. A second violation is a first degree misdemeanor,
375	punishable as provided in ss. 775.082 and 775.083, and such
376	person may also be assessed a civil penalty of up to $2,500 and
377	a suspension of all license privileges under this chapter and
378	chapter 372 for a period not exceeding 90 days.
379	2. A third violation is a first degree misdemeanor,
380	punishable as provided in ss. 775.082 and 775.083, with a
381	mandatory minimum term of imprisonment of 6 months, and such
382	person may also be assessed a civil penalty of up to $5,000 and
383	a suspension of all license privileges under this chapter and
384	chapter 372 for a period not exceeding 6 months.
385	3. A third violation within 1 year of a second violation
386	is a third degree felony, punishable as provided in ss. 775.082
387	and 775.083, with a mandatory minimum term of imprisonment of 1
388	year, and such person shall be assessed a civil penalty of
389	$5,000 and a permanent revocation of all license privileges
390	under this chapter and chapter 372.
391	4. A fourth violation is a third degree felony, punishable
392	as provided in ss. 775.082 and 775.083, with a mandatory minimum
393	term of imprisonment of 1 year, and such person shall be
394	assessed a civil penalty of $5,000 and a permanent revocation of
395	all license privileges under this chapter and chapter 372.
396	(b) In addition to being subject to other penalties
397	provided in this chapter, any person whose license privileges
398	under this chapter have been permanently revoked and who
399	thereafter sells or purchases or attempts to sell or purchase
400	any saltwater product is guilty of a third degree felony,
401	punishable as provided in ss. 775.082 and 775.083, with a
402	mandatory minimum term of imprisonment of 1 year, and such
403	person shall also be assessed a civil penalty of $5,000. All
404	property involved in such offense shall be forfeited pursuant to
405	s. 370.061.
406	(c) In addition to being subject to other penalties
407	provided in this chapter, any person whose license privileges
408	under this chapter are under suspension and who during such
409	period of suspension sells or purchases or attempts to sell or
410	purchase any saltwater product shall be assessed the following
411	additional penalties:
412	1. A first violation is a first degree misdemeanor,
413	punishable as provided in ss. 775.082 and 775.083, and such
414	person may be assessed a civil penalty of up to $2,500 and a
415	suspension of all license privileges under this chapter and
416	chapter 372 for a period not exceeding 90 days.
417	2. A second violation occurring within 12 months of a
418	first violation is a third degree felony, punishable as provided
419	in ss. 775.082 and 775.083, with a mandatory minimum term of
420	imprisonment of 1 year, and such person may be assessed a civil
421	penalty of up to $5,000 and an additional suspension of all
422	license privileges under this chapter and chapter 372 for a
423	period not exceeding 6 months. All property involved in such
424	offense shall be forfeited pursuant to s. 370.061.
425	3. A third or subsequent violation occurring within 2
426	years of a second violation is a third degree felony, punishable
427	as provided in ss. 775.082 and 775.083, with a mandatory minimum
428	term of imprisonment of 1 year, and such person shall be
429	assessed a civil penalty of up to $5,000 and an additional
430	suspension of all license privileges under this chapter and
431	chapter 372 for a period not exceeding 24 months. All property
432	involved in such offense shall be forfeited pursuant to s.
433	370.061.
434	(d) In addition to being subject to other penalties
435	provided in this chapter, upon a second or subsequent violation,
436	any person who harvests or attempts to harvest any saltwater
437	product with intent to sell, without a saltwater products
438	license and the requisite endorsements, shall be subject to the
439	following additional penalties:
440	1. A second violation is a first degree misdemeanor,
441	punishable as provided in ss. 775.082 and 775.083, and such
442	person may also be assessed a civil penalty of up to $2,500 and
443	a suspension of all license privileges under this chapter and
444	chapter 372 for a period not exceeding 90 days.
445	2. A third violation is a first degree misdemeanor,
446	punishable as provided in ss. 775.082 and 775.083, with a
447	mandatory minimum term of imprisonment of 6 months, and such
448	person may also be assessed a civil penalty of up to $5,000 and
449	a suspension of all license privileges under this chapter and
450	chapter 372 for a period not exceeding 6 months.
451	3. A third violation within 1 year of a second violation
452	is a third degree felony, punishable as provided in ss. 775.082
453	and 775.083, with a mandatory minimum term of imprisonment of 1
454	year, and such person shall also be assessed a civil penalty of
455	$5,000 and a permanent revocation of all license privileges
456	under this chapter and chapter 372.
457	4. A fourth violation is a third degree felony, punishable
458	as provided in ss. 775.082 and 775.083, with a mandatory minimum
459	term of imprisonment of 1 year, and such person shall also be
460	assessed a civil penalty of $5,000 and a permanent revocation of
461	all license privileges under this chapter and chapter 372.
462
463	For purposes of this subsection, violation means any judicial
464	disposition other than acquittal or dismissal.
465	(7)(6)PUBLICATIONS BY COMMISSION.--The commission is
466	given authority, from time to time in its discretion, to cause
467	the statutory laws under its jurisdiction, together with any
468	rules promulgated by it, to be published in pamphlet form for
469	free distribution in this state. The commission is authorized to
470	make charges for technical and educational publications and
471	mimeographed material of use for educational or reference
472	purposes. Such charges shall be made at the discretion of the
473	commission. Such charges may be sufficient to cover cost of
474	preparation, printing, publishing, and distribution. All moneys
475	received for publications shall be deposited into the fund from
476	which the cost of the publication was paid. The commission is
477	further authorized to enter into agreements with persons, firms,
478	corporations, governmental agencies, and other institutions
479	whereby publications may be exchanged reciprocally in lieu of
480	payments for said publications.
481	(8)(7)POWERS OF OFFICERS.--
482	(a) Law enforcement officers of the commission are
483	constituted law enforcement officers of this state with full
484	power to investigate and arrest for any violation of the laws of
485	this state and the rules of the commission under their
486	jurisdiction. The general laws applicable to arrests by peace
487	officers of this state shall also be applicable to law
488	enforcement officers of the commission. Such law enforcement
489	officers may enter upon any land or waters of the state for
490	performance of their lawful duties and may take with them any
491	necessary equipment, and such entry will not constitute a
492	trespass. It is lawful for any boat, motor vehicle, or aircraft
493	owned or chartered by the commission or its agents or employees
494	to land on and depart from any of the beaches or waters of the
495	state. Such law enforcement officers have the authority, without
496	warrant, to board, inspect, and search any boat, fishing
497	appliance, storage or processing plant, fishhouse, spongehouse,
498	oysterhouse, or other warehouse, building, or vehicle engaged in
499	transporting or storing any fish or fishery products. Such
500	authority to search and inspect without a search warrant is
501	limited to those cases in which such law enforcement officers
502	have reason to believe that fish or any saltwater products are
503	taken or kept for sale, barter, transportation, or other
504	purposes in violation of laws or rules promulgated under this
505	law. Any such law enforcement officer may at any time seize or
506	take possession of any saltwater products or contraband which
507	have been unlawfully caught, taken, or processed or which are
508	unlawfully possessed or transported in violation of any of the
509	laws of this state or any rule of the commission. Such law
510	enforcement officers may arrest any person in the act of
511	violating any of the provisions of this law, the rules of the
512	commission, or any of the laws of this state. It is hereby
513	declared unlawful for any person to resist such arrest or in any
514	manner interfere, either by abetting or assisting such
515	resistance or otherwise interfering, with any such law
516	enforcement officer while engaged in the performance of the
517	duties imposed upon him or her by law or rule of the commission.
518	(b) The Legislature finds that the checking and inspection
519	of saltwater products aboard vessels is critical to good fishery
520	management and conservation and that, because almost all
521	saltwater products are either iced or cooled in closed areas or
522	containers, the enforcement of seasons, size limits, and bag
523	limits can only be effective when inspection of saltwater
524	products so stored is immediate and routine. Therefore, in
525	addition to the authority granted in paragraph (a), a law
526	enforcement officer of the commission who has probable cause to
527	believe that the vessel has been used for fishing prior to the
528	inspection shall have full authority to open and inspect all
529	containers or areas where saltwater products are normally kept
530	aboard vessels while such vessels are on the water, such as
531	refrigerated or iced locations, coolers, fish boxes, and bait
532	wells, but specifically excluding such containers that are
533	located in sleeping or living areas of the vessel.
534	(9)(8)RETENTION, DESTRUCTION, AND REPRODUCTION OF
535	RECORDS.--Records and documents of the commission created in
536	compliance with and in the implementation of this chapter or
537	former chapter 371 shall be retained by the commission as
538	specified in record retention schedules established under the
539	general provisions of chapters 119 and 257. Such records
540	retained by the Department of Environmental Protection on July
541	1, 1999, shall be transferred to the commission. Further, the
542	commission is authorized to:
543	(a) Destroy, or otherwise dispose of, those records and
544	documents in conformity with the approved retention schedules.
545	(b) Photograph, microphotograph, or reproduce such records
546	and documents on film, as authorized and directed by the
547	approved retention schedules, whereby each page will be exposed
548	in exact conformity with the original records and documents
549	retained in compliance with the provisions of this section.
550	Photographs or microphotographs in the form of film or print of
551	any records, made in compliance with the provisions of this
552	section, shall have the same force and effect as the originals
553	thereof would have and shall be treated as originals for the
554	purpose of their admissibility in evidence. Duly certified or
555	authenticated reproductions of such photographs or
556	microphotographs shall be admitted in evidence equally with the
557	original photographs or microphotographs. The impression of the
558	seal of the commission on a certificate made pursuant to the
559	provisions hereof and signed by the executive director of the
560	commission shall entitle the same to be received in evidence in
561	all courts and in all proceedings in this state and shall be
562	prima facie evidence of all factual matters set forth in the
563	certificate. A certificate may relate to one or more records, as
564	set forth in the certificate, or in a schedule continued on an
565	attachment to the certificate.
566	(c) Furnish certified copies of such records for a fee of
567	$1 which shall be deposited in the Marine Resources Conservation
568	Trust Fund.
569	(10)(9)COURTS OF EQUITY MAY ENJOIN.--Courts of equity in
570	this state have jurisdiction to enforce the conservation laws of
571	this state by injunction.
572	(11)(10)BOND OF EMPLOYEES.--The commission may require,
573	as it determines, that bond be given by any employee of the
574	commission or divisions thereof, payable to the Governor of the
575	state and the Governor's successor in office, for the use and
576	benefit of those whom it may concern, in such penal sums with
577	good and sufficient surety or sureties approved by the
578	commission conditioned for the faithful performance of the
579	duties of such employee.
580	(12)(11)REVOCATION OF LICENSES.--Any person licensed
581	under this chapter who has been convicted of taking aquaculture
582	species raised at a certified facility shall have his or her
583	license revoked for 5 years by the commission pursuant to the
584	provisions and procedures of s. 120.60.
585	(13)(12)LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
586	purposes of imposing license or permit suspensions or
587	revocations authorized by this chapter, the license or permit
588	under which the violation was committed is subject to suspension
589	or revocation by the commission. For purposes of assessing
590	monetary civil or administrative penalties authorized by this
591	chapter, the person, firm, or corporation cited and subsequently
592	receiving a judicial disposition of other than dismissal or
593	acquittal in a court of law is subject to the monetary penalty
594	assessment by the commission. However, if the license or
595	permitholder of record is not the person, firm, or corporation
596	receiving the citation and judicial disposition, the license or
597	permit may be suspended or revoked only after the license or
598	permitholder has been notified by the commission that the
599	license or permit has been cited in a major violation and is now
600	subject to suspension or revocation should the license or permit
601	be cited for subsequent major violations.
602	Section 5. Subsections (6) and (7) of section 370.15,
603	Florida Statutes, are amended to read:
604	370.15 Shrimp; regulation.--
605	(6) LIVE BAIT SHRIMPING; LICENSES.--Live bait shrimp may
606	be caught at any time but only under license issued by the
607	commission. Licensees must fish with gear and under those
608	conditions specified by the commission. Application for such
609	licenses shall be on forms supplied by the commission. A live
610	bait shrimping license shall be revocable when the holder does
611	not comply with the laws and regulations applicable to saltwater
612	conservation. All vessels fishing for live bait shrimp must be
613	equipped with live bait shrimp tanks, and no more than 5 pounds
614	of dead shrimp will be allowed on board such vessel per day.
615	(6)(7)CLOSED AREA FOR SHRIMPING.--
616	(a) No shrimping except for live bait shrimp shall be
617	permitted in all waters within the following described area:
618	Begin at a point of latitude 24°41'54" North and longitude
619	81°40'30" West near Snipe Point in Monroe County; thence go
620	North 35°53'16" West approximately 9 nautical miles to a point
621	of approximate latitude 24°41'55" North and longitude 81°46'15"
622	West, 3 marine leagues seaward of Snipe Point; thence easterly
623	and northerly following a line which is 3 marine leagues seaward
624	of the mean low-water line of the seawardmost points in Florida
625	Bay and the Gulf of Mexico to a point at latitude 26°00'00"
626	North and approximate longitude 81°56'30" West; thence east to a
627	point on the mean high-water line at latitude 26°00'00" North
628	and approximate longitude 81°44'06" West; thence southerly and
629	easterly along the mean high-water line of the Florida mainland
630	to its intersection with the westerly right-of-way of the U.S.
631	Highway 1 bridge in Long Sound; thence follow the westerly and
632	northern right-of-way of U.S. Highway 1 to a point on
633	Saddlebunch Key latitude 24°37'06" North and approximate
634	longitude 81°36'42" West; thence on a straight line to the point
635	of beginning.
636	(b) A second or any subsequent violation by any person of
637	this subsection is a felony of the third degree, punishable as
638	provided in s. 775.082 or s. 775.083.
639	Section 6. Subsection (3) of section 370.153, Florida
640	Statutes, is amended to read:
641	370.153 Regulation of shrimp fishing; Clay, Duval, Nassau,
642	Putnam, Flagler, and St. Johns Counties.--
643	(3) LIVE BAIT SHRIMP PRODUCTION.--
644	(a) A live bait shrimp production license shall be issued
645	by the Fish and Wildlife Conservation Commission upon the
646	receipt of an application by a person intending to use a boat,
647	not to exceed 35 feet in length in Duval, St. Johns, Putnam,
648	Flagler, and Clay Counties and not to exceed 45 feet in length
649	in Nassau County, for live shrimp production within the inland
650	waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay
651	Counties and the payment of a fee of $250. The annual fee of
652	$250 shall be collected by the commission for the issuance of
653	the license during a 60-day period beginning June 1 of each
654	year. The design of the application and permit shall be
655	determined by the commission. The proceeds of the fee imposed by
656	this paragraph shall be used by the Fish and Wildlife
657	Conservation Commission for the purposes of enforcement of
658	marine resource laws.
659	(b) The Executive Director of the Fish and Wildlife
660	Conservation Commission, or his or her designated
661	representative, may by order close certain areas to live bait
662	shrimp production when sampling procedures justify the closing
663	based upon sound conservation practices. The revocation of any
664	order to close has the effect of opening the area.
665	(c) Every live bait shrimp producer shall produce evidence
666	satisfactory to the commission that he or she has the necessary
667	equipment to maintain the shrimp alive while aboard the shrimp
668	fishing vessel. All vessels fishing for live bait shrimp must be
669	equipped with live bait shrimp tanks of a type and capacity
670	satisfactory to the commission, and no more than 5 pounds of
671	dead shrimp will be allowed on board such vessel per day.
672	(c)(d)1. Each licensed live bait shrimp producer who
673	stores his or her catch for sale or sells his or her catch shall
674	either:
675	a. Maintain onshore facilities which have been annually
676	checked and approved by the local commission office to assure
677	the facilities' ability to maintain the catch alive when the
678	live bait shrimp producer produces for his or her own facility;
679	or
680	b. Sell his or her catch only to persons who have onshore
681	facilities that have been annually checked and approved by the
682	local commission office to assure the facilities' ability to
683	maintain the catch alive, when the producer sells his or her
684	catch to an onshore facility. The producer shall provide the
685	commission with the wholesale number of the facility to which
686	the shrimp have been sold and shall submit this number on a form
687	designed and approved by the commission.
688	2. All persons who maintain onshore facilities as
689	described in this paragraph, whether the facilities are
690	maintained by the licensed live bait shrimp producer or by
691	another party who purchases shrimp from live bait shrimp
692	producers, shall keep records of their transactions in
693	conformance with the provisions of s. 370.07(6).
694	(d)(e)All commercial trawling in Clay, Duval, and St.
695	Johns Counties shall be restricted to the inland waters of the
696	St. Johns River proper in the area north of the Acosta Bridge in
697	Jacksonville and at least 100 yards from the nearest shoreline.
698	(e)(f)A live shrimp producer must also be a licensed
699	wholesale dealer. Such person shall not sell live bait shrimp
700	unless he or she produces a live bait shrimp production license
701	at the time of sale.
702	(f)(g)The commission shall rename the Live Bait Shrimp
703	Production License as the Commercial Live Shrimp Production
704	License.
705	Section 7. Paragraph (d) of subsection (2) of section
706	370.1535, Florida Statutes, is amended to read:
707	370.1535 Regulation of shrimp fishing in Tampa Bay;
708	licensing requirements.--
709	(2) The Fish and Wildlife Conservation Commission is
710	authorized to issue a dead shrimp production permit to persons
711	qualified pursuant to the following criteria:
712	(d) No person shall be issued a permit or be allowed to
713	renew a permit if such person is registered for noncommercial
714	trawling pursuant to s. 370.15(4) or if such person holds a live
715	bait shrimping license issued pursuant to s. 370.15(6).
716	Section 8. Section 370.154, Florida Statutes, is amended
717	to read:
718	370.154 Shrimp regulations; closed areas; suspension of
719	license, etc.--Any person convicted of taking shrimp in a closed
720	area who is punishable under s. 370.15(5) or (6)shall, in
721	addition to the penalties set forth therein, have his or her
722	permit and the permit of the boat involved in the violation,
723	issued pursuant to s. 370.15(4), revoked, if the person holds
724	such a permit, and he or she shall be ineligible to make
725	application for such a permit for a period of 2 years from the
726	date of such conviction. If a person not having a permit is
727	convicted hereunder, that person and the boat involved in the
728	violation shall not be eligible for such a permit for 5 years.
729	Section 9. For the purpose of incorporating the amendment
730	made by this act to section 370.021, Florida Statutes, in
731	references therein, the following subdivisions of the Florida
732	Statutes are reenacted to read:
733	370.0603 Marine Resources Conservation Trust Fund;
734	purposes.--
735	(2) The Marine Resources Conservation Trust Fund shall
736	receive the proceeds from:
737	(d) All fines and penalties pursuant to s. 370.021.
738	370.07 Wholesale and retail saltwater products dealers;
739	regulation.--
740	(5) LICENSE DENIAL, SUSPENSION, OR REVOCATION.--
741	(c) In addition to, or in lieu of, the penalty imposed
742	pursuant to this subsection, the commission may impose penalties
743	pursuant to s. 370.021.
744	(6) RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--
745	(b) The commission may revoke, suspend, or deny the
746	renewal of the license of any dealer for failure to make and
747	keep required records, for failure to make required reports, for
748	failure or refusal to permit the examination of required
749	records, or for falsifying any such record. In addition to, or
750	in lieu of, the penalties imposed pursuant to this paragraph and
751	s. 370.021, the commission may impose against any person, firm,
752	or corporation who is determined to have violated any provision
753	of this paragraph or any provisions of any commission rules
754	adopted pursuant to s. 370.0607, the following additional
755	penalties:
756	1. For the first violation, a civil penalty of up to
757	$1,000;
758	2. For a second violation committed within 24 months of
759	any previous violation, a civil penalty of up to $2,500; and
760	3. For a third or subsequent violation committed within 36
761	months of any previous two violations, a civil penalty of up to
762	$5,000.
763
764	The proceeds of all civil penalties collected pursuant to this
765	subsection shall be deposited into the Marine Resources
766	Conservation Trust Fund and shall be used for administration,
767	auditing, and law enforcement purposes.
768	370.13 Stone crab; regulation.--
769	(2) PENALTIES.--For purposes of this subsection,
770	conviction is any disposition other than acquittal or dismissal,
771	regardless of whether the violation was adjudicated under any
772	state or federal law.
773	(a) In addition to any other penalties provided in s.
774	370.021, for any person, firm, or corporation who violates rule
775	68B-13.010(2), Florida Administrative Code, or rule 68B-
776	13.011(5), (6), (7), (8), or (11), Florida Administrative Code,
777	the following administrative penalties apply.
778	1. For a first violation, the commission shall assess an
779	administrative penalty of up to $1,000 and the stone crab
780	endorsement under which the violation was committed may be
781	suspended for the remainder of the current license year.
782	2. For a second violation that occurs within 24 months of
783	any previous such violation, the commission shall assess an
784	administrative penalty of up to $2,000 and the stone crab
785	endorsement under which the violation was committed may be
786	suspended for 12 calendar months.
787	3. For a third violation that occurs within 36 months of
788	any previous two such violations, the commission shall assess an
789	administrative penalty of up to $5,000 and the stone crab
790	endorsement under which the violation was committed may be
791	suspended for 24 calendar months.
792	4. A fourth violation that occurs within 48 months of any
793	three previous such violations, shall result in permanent
794	revocation of all of the violator's saltwater fishing
795	privileges, including having the commission proceed against the
796	endorsement holder's saltwater products license in accordance
797	with s. 370.021.
798
799	Any person assessed an administrative penalty under this
800	paragraph shall, within 30 calendar days after notification, pay
801	the administrative penalty to the commission, or request an
802	administrative hearing under ss. 120.569 and 120.57. The
803	proceeds of all administrative penalties collected under this
804	paragraph shall be deposited in the Marine Resources
805	Conservation Trust Fund.
806	(b) It is unlawful for any person to remove the contents
807	of another harvester's trap without the express written consent
808	of the trap owner available for immediate inspection. Such
809	unauthorized removal constitutes theft. Any person convicted of
810	theft from a trap shall, in addition to the penalties specified
811	in s. 370.021 and the provisions of this section, permanently
812	lose all his or her saltwater fishing privileges, including
813	saltwater products licenses, stone crab or incidental take
814	endorsements, and all trap certificates allotted to him or her
815	by the commission. In such cases, trap certificates and
816	endorsements are nontransferable. In addition, any person, firm,
817	or corporation convicted of violating the prohibitions
818	referenced in this paragraph shall also be assessed an
819	administrative penalty of up to $5,000. Immediately upon
820	receiving a citation for a violation involving theft from a trap
821	and until adjudicated for such a violation, or if convicted of
822	such a violation, the violator is prohibited from transferring
823	any stone crab or lobster certificates.
824	370.135 Blue crab; regulation.--
825	(1) No person, firm, or corporation shall transport on the
826	water, fish with or cause to be fished with, set, or place any
827	trap designed for taking blue crabs unless such person, firm, or
828	corporation is the holder of a valid saltwater products license
829	issued pursuant to s. 370.06 and the trap has a current state
830	number permanently attached to the buoy. The trap number shall
831	be affixed in legible figures at least 1 inch high on each buoy
832	used. The saltwater products license must be on board the boat,
833	and both the license and the crabs shall be subject to
834	inspection at all times. Only one trap number may be issued for
835	each boat by the commission upon receipt of an application on
836	forms prescribed by it. This subsection shall not apply to an
837	individual fishing with no more than five traps. It is a felony
838	of the third degree, punishable as provided in s. 775.082, s.
839	775.083, or s. 775.084, for any person willfully to molest any
840	traps, lines, or buoys, as defined herein, belonging to another
841	without permission of the licenseholder. It is unlawful for any
842	person to remove the contents of another harvester's trap
843	without the express written consent of the trap owner available
844	for immediate inspection. Such unauthorized removal constitutes
845	theft. Any person convicted of theft from a trap shall, in
846	addition to the penalties specified in s. 370.021 and the
847	provisions of this section, permanently lose all his or her
848	saltwater fishing privileges including his or her saltwater
849	products license and blue crab endorsement. In such cases
850	endorsements are nontransferable. In addition, any person, firm,
851	or corporation convicted of violating this subsection shall also
852	be assessed an administrative penalty of up to $5,000.
853	Immediately upon receiving a citation for a violation involving
854	theft from a trap and until adjudicated for such a violation, or
855	if convicted of such a violation, the person, firm, or
856	corporation committing the violation is prohibited from
857	transferring any blue crab endorsements.
858	370.142 Spiny lobster trap certificate program.--
859	(2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
860	PENALTIES.--The Fish and Wildlife Conservation Commission shall
861	establish a trap certificate program for the spiny lobster
862	fishery of this state and shall be responsible for its
863	administration and enforcement as follows:
864	(c) Prohibitions; penalties.--
865	1. It is unlawful for a person to possess or use a spiny
866	lobster trap in or on state waters or adjacent federal waters
867	without having affixed thereto the trap tag required by this
868	section. It is unlawful for a person to possess or use any other
869	gear or device designed to attract and enclose or otherwise aid
870	in the taking of spiny lobster by trapping that is not a trap as
871	defined in rule 68B-24.006(2), Florida Administrative Code.
872	2. It is unlawful for a person to possess or use spiny
873	lobster trap tags without having the necessary number of
874	certificates on record as required by this section.
875	3. It is unlawful for any person to remove the contents of
876	another harvester's trap without the express written consent of
877	the trap owner available for immediate inspection. Such
878	unauthorized removal constitutes theft. Any person convicted of
879	theft from a trap shall, in addition to the penalties specified
880	in ss. 370.021 and 370.14 and the provisions of this section,
881	permanently lose all his or her saltwater fishing privileges,
882	including his or her saltwater products license, crawfish
883	endorsement, and all trap certificates allotted to him or her
884	through this program. In such cases, trap certificates and
885	endorsements are nontransferable. In addition, any person, firm,
886	or corporation convicted of violating this paragraph shall also
887	be assessed an administrative penalty of up to $5,000.
888	Immediately upon receiving a citation for a violation involving
889	theft from a trap and until adjudicated for such a violation or,
890	if convicted of such a violation, the person, firm, or
891	corporation committing the violation is prohibited from
892	transferring any crawfish trap certificates and endorsements.
893	4. In addition to any other penalties provided in s.
894	370.021, a commercial harvester, as defined by rule 68B-
895	24.002(1), Florida Administrative Code, who violates the
896	provisions of this section, or the provisions relating to traps
897	of chapter 68B-24, Florida Administrative Code, shall be
898	punished as follows:
899	a. If the first violation is for violation of subparagraph
900	1. or subparagraph 2., the commission shall assess an additional
901	civil penalty of up to $1,000 and the crawfish trap number
902	issued pursuant to s. 370.14(2) or (6) may be suspended for the
903	remainder of the current license year. For all other first
904	violations, the commission shall assess an additional civil
905	penalty of up to $500.
906	b. For a second violation of subparagraph 1. or
907	subparagraph 2. which occurs within 24 months of any previous
908	such violation, the commission shall assess an additional civil
909	penalty of up to $2,000 and the crawfish trap number issued
910	pursuant to s. 370.14(2) or (6) may be suspended for the
911	remainder of the current license year.
912	c. For a third or subsequent violation of subparagraph 1.,
913	subparagraph 2., or subparagraph 3. which occurs within 36
914	months of any previous two such violations, the commission shall
915	assess an additional civil penalty of up to $5,000 and may
916	suspend the crawfish trap number issued pursuant to s. 370.14(2)
917	or (6) for a period of up to 24 months or may revoke the
918	crawfish trap number and, if revoking the crawfish trap number,
919	may also proceed against the licenseholder's saltwater products
920	license in accordance with the provisions of s. 370.021(2)(h).
921	d. Any person assessed an additional civil penalty
922	pursuant to this section shall within 30 calendar days after
923	notification:
924	(I) Pay the civil penalty to the commission; or
925	(II) Request an administrative hearing pursuant to the
926	provisions of s. 120.60.
927	e. The commission shall suspend the crawfish trap number
928	issued pursuant to s. 370.14(2) or (6) for any person failing to
929	comply with the provisions of sub-subparagraph d.
930	5.a. It is unlawful for any person to make, alter, forge,
931	counterfeit, or reproduce a spiny lobster trap tag or
932	certificate.
933	b. It is unlawful for any person to knowingly have in his
934	or her possession a forged, counterfeit, or imitation spiny
935	lobster trap tag or certificate.
936	c. It is unlawful for any person to barter, trade, sell,
937	supply, agree to supply, aid in supplying, or give away a spiny
938	lobster trap tag or certificate or to conspire to barter, trade,
939	sell, supply, aid in supplying, or give away a spiny lobster
940	trap tag or certificate unless such action is duly authorized by
941	the commission as provided in this chapter or in the rules of
942	the commission.
943	6.a. Any person who violates the provisions of
944	subparagraph 5., or any person who engages in the commercial
945	harvest, trapping, or possession of spiny lobster without a
946	crawfish trap number as required by s. 370.14(2) or (6) or
947	during any period while such crawfish trap number is under
948	suspension or revocation, commits a felony of the third degree,
949	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
950	b. In addition to any penalty imposed pursuant to sub-
951	subparagraph a., the commission shall levy a fine of up to twice
952	the amount of the appropriate surcharge to be paid on the fair
953	market value of the transferred certificates, as provided in
954	subparagraph (a)1., on any person who violates the provisions of
955	sub-subparagraph 5.c.
956	7. Any certificates for which the annual certificate fee
957	is not paid for a period of 3 years shall be considered
958	abandoned and shall revert to the commission. During any period
959	of trap reduction, any certificates reverting to the commission
960	shall become permanently unavailable and be considered in that
961	amount to be reduced during the next license-year period.
962	Otherwise, any certificates that revert to the commission are to
963	be reallotted in such manner as provided by the commission.
964	8. The proceeds of all civil penalties collected pursuant
965	to subparagraph 4. and all fines collected pursuant to sub-
966	subparagraph 6.b. shall be deposited into the Marine Resources
967	Conservation Trust Fund.
968	9. All traps shall be removed from the water during any
969	period of suspension or revocation.
970	372.5704 Fish and Wildlife Conservation Commission license
971	program for tarpon; fees; penalties.--
972	(5) Any individual including a taxidermist who possesses a
973	tarpon which does not have a tag securely attached as required
974	by this section shall be subject to penalties as prescribed in
975	s. 370.021. Provided, however, a taxidermist may remove the tag
976	during the process of mounting a tarpon. The removed tag shall
977	remain with the fish during any subsequent storage or shipment.
978	Section 10. This act shall take effect upon becoming a
979	law.