HB 1319CS

CHAMBER ACTION




1The Committee on Natural Resources recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to vessel licenses; amending s. 372.57,
7F.S.; creating a Freshwater Vessel License Pilot Program
8within the Fish and Wildlife Conservation Commission;
9establishing nonmandatory license fees and categories;
10prohibiting the transfer of vessel licenses under certain
11circumstances; requiring that revenues from the sales of
12freshwater vessel licenses be deposited into the State
13Game Trust Fund; providing for the expiration of the pilot
14program; creating a Vessel License Task Force within the
15commission; providing for membership of the task force;
16providing responsibilities and duties of the task force;
17requiring the task force to submit recommendations to the
18commission and certain committees of the Legislature;
19providing for expiration of the task force; amending s.
20372.562, F.S.; providing exemptions from certain fees and
21requirements for persons fishing from or operating a
22freshwater vessel with a freshwater vessel license;
23providing for expiration of the exemption; providing
24effective dates.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (7) of section 372.57, Florida
29Statutes, is amended, and subsections (16) and (17) are added to
30said section, to read:
31     372.57  Recreational licenses, permits, and authorization
32numbers; fees established.--
33     (7)  SALTWATER VESSEL LICENSES.--
34     (a)  No person may operate any vessel wherein a fee is
35paid, either directly or indirectly, for the purpose of taking,
36attempting to take, or possessing any saltwater fish for
37noncommercial purposes unless she or he has obtained a license
38for each vessel for that purpose, and has paid the license fee
39pursuant to paragraph (b), paragraph (c), or paragraph (d)
40paragraphs (b) and (c) for such vessel.
41     (b)  A license for any person who operates any vessel
42licensed to carry more than 10 customers, wherein a fee is paid,
43either directly or indirectly, for the purpose of taking or
44attempting to take saltwater fish, is $800 per year. The license
45must be kept aboard the vessel at all times.
46     (c)1.  A license for any person who operates any vessel
47licensed to carry no more than 10 customers, or for any person
48licensed to operate any vessel carrying 6 or fewer customers,
49wherein a fee is paid, either directly or indirectly, for the
50purpose of taking or attempting to take saltwater fish, is $400
51per year.
52     (d)2.  A license for any person licensed to operate any
53vessel carrying 6 or fewer customers but who operates a vessel
54carrying 4 or fewer customers, wherein a fee is paid, either
55directly or indirectly, for the purpose of taking or attempting
56to take saltwater fish, is $200 per year. The license must be
57kept aboard the vessel at all times.
58     (e)3.  A person who operates a vessel required to be
59licensed pursuant to paragraph (b), paragraph (c), or this
60paragraph (d) may obtain a license in her or his own name, and
61such license shall be transferable and apply to any vessel
62operated by the purchaser, provided that the purchaser has paid
63the appropriate license fee.
64     (f)(d)  A license for a recreational vessel not for hire
65and for which no fee is paid, either directly or indirectly, by
66guests for the purpose of taking or attempting to take saltwater
67fish noncommercially is $2,000 per year. The license may be
68purchased at the option of the vessel owner and must be kept
69aboard the vessel at all times. A log of species taken and the
70date the species were taken shall be maintained and a copy of
71the log filed with the commission at the time of renewal of the
72license.
73     (g)(e)  The owner, operator, or custodian of a vessel the
74operator of which has been licensed pursuant to paragraph (a)
75must maintain and report such statistical data as required by,
76and in a manner set forth in, the rules of the commission.
77     (16)  FRESHWATER VESSEL LICENSE PILOT PROGRAM.--
78     (a)  The Fish and Wildlife Conservation Commission shall
79establish a 1-year nonmandatory freshwater vessel license
80program which shall be implemented on July 1, 2004. Freshwater
81vessel licenses issued under this subsection shall expire on
82June 30, 2005, and are nonrenewable. Any license issued under
83this pilot program must be identified as a freshwater vessel
84license and, except as provided in paragraph (e), may not be
85transferred for use to other fishing vessels during the time for
86which the license is valid. The owner, operator, or custodian of
87a vessel licensed pursuant to this subsection must maintain and
88report such statistical data as required by the commission.
89     (b)  A license for any vessel for hire as certified by the
90United States Coast Guard to carry 11 or more passengers,
91wherein a fee is paid either directly or indirectly for the
92purpose of taking or attempting to take freshwater fish, is $800
93per year. The license must be kept aboard the vessel at all
94times.
95     (c)  A license for any vessel for hire as certified by the
96United States Coast Guard to carry 10 or fewer passengers is
97$400 per year, or for any vessel for hire carrying 6 or fewer
98passengers, wherein a fee is paid either directly or indirectly
99for the purpose of taking or attempting to take freshwater fish,
100is $400 per year. The license must be kept aboard the vessel at
101all times.
102     (d)  A license for any vessel for hire carrying 4 or fewer
103passengers, wherein a fee is paid either directly or indirectly
104for the purpose of taking or attempting to take freshwater fish,
105is $200 per year. The license must be kept aboard the vessel at
106all times.
107     (e)  A person who must be licensed by the United States
108Coast Guard to operate a vessel licensed under paragraph (b),
109paragraph (c), or paragraph (d) may obtain a license in her or
110his own name, and such license shall be transferable and apply
111to any vessel operated by the purchaser, provided that the
112purchaser has paid the appropriate fee.
113     (f)  Funds resulting from the sale of freshwater vessel
114licenses authorized in this subsection shall be deposited into
115the State Game Trust Fund within the Fish and Wildlife
116Conservation Commission.
117     (g)  This subsection expires July 1, 2005.
118     (17)  VESSEL LICENSE TASK FORCE.--
119     (a)  The Vessel License Task Force is created within the
120Fish and Wildlife Conservation Commission for the purpose of
121reviewing the commission's vessel license programs to determine:
122     1.  If vessel licenses for saltwater and freshwater vessels
123should be mandatory or permissive licenses;
124     2.  If the vessel license programs should be repealed;
125     3.  If the fees generated from the sale of vessel licenses
126are sufficient to offset the loss of revenue to the commission
127which is generated by persons who are not required to purchase
128an individual license because they are paying to fish from a
129licensed vessel;
130     4.  A fair and equitable fee for saltwater and freshwater
131vessel licenses if the task force recommends that the vessel
132license programs should not be repealed and further finds that
133revenues from the sale of vessel licenses are not adequate to
134cover the loss of revenue to the commission which is generated
135by the reduction in the sale of individual fishing licenses; and
136     5.  A method of tracking the number of persons who pay to
137fish from licensed vessels so that the commission can better
138determine the user impact on saltwater and freshwater resources.
139     (b)  The Vessel License Task Force shall be composed of
140seven members and must include one member of the Florida Guides
141Association, two freshwater fishing guides licensed by the
142United States Coast Guard, one member working as a part-time
143freshwater fishing guide, one saltwater fishing guide licensed
144by the United States Coast Guard, one member working as a part-
145time saltwater fishing guide, and one representative from the
146Fish and Wildlife Conservation Commission with knowledge of the
147commission's vessel license programs, who is selected by the
148executive director but who must not be a commissioner and who
149shall serve as chair of the task force. Members of the task
150force shall be selected by the chair and must serve without
151compensation.
152     (c)  The task force shall meet at the call of the chair, or
153at the request of a majority of its members. Staff of the
154commission shall serve as staff of the task force.
155     (d)  By February 1, 2006, the task force shall submit
156written recommendations to the Fish and Wildlife Conservation
157Commission. Copies of the written recommendations must also be
158submitted to the staff of the natural resources committees and
159appropriations committees of the Senate and the House of
160Representatives.
161     (e)  This subsection expires July 1, 2006.
162     Section 2.  Paragraphs (i) and (j) of subsection (2) of
163section 372.562, Florida Statutes, are amended to read:
164     372.562  Recreational licenses and permits; exemptions from
165fees and requirements.--
166     (2)  A hunting, freshwater fishing, or saltwater fishing
167license or permit is not required for:
168     (i)  Any person fishing from a vessel licensed pursuant to
169s. 372.57(7) or (16).
170     (j)  Any person fishing from a vessel the operator of which
171is licensed pursuant to s. 372.57(7) or (16).
172     Section 3.  Effective July 1, 2005, paragraphs (i) and (j)
173of subsection (2) of section 372.562, Florida Statutes, as
174amended by this act, are amended to read:
175     372.562  Recreational licenses and permits; exemptions from
176fees and requirements.--
177     (2)  A hunting, freshwater fishing, or saltwater fishing
178license or permit is not required for:
179     (i)  Any person fishing from a vessel licensed pursuant to
180s. 372.57(7) or (16).
181     (j)  Any person fishing from a vessel the operator of which
182is licensed pursuant to s. 372.57(7) or (16).
183     Section 4.  Except as otherwise expressly provided in this
184act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.