Senate Bill sb2736

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    Florida Senate - 2004                                  SB 2736

    By Senator Lawson





    6-1816-04

  1                      A bill to be entitled

  2         An act relating to the taking of fish and

  3         shellfish; amending s. 370.14, F.S.; increasing

  4         the fee for the trap number required for

  5         commercial crawfish trapping; providing for the

  6         use of a portion of the fee; amending s.

  7         370.143, F.S.; clarifying that crawfish traps

  8         are included in the trap retrieval program of

  9         the Fish and Wildlife Conservation Commission;

10         assessing crawfish trap owners the retrieval

11         fee assessed other trap owners; providing for

12         waiver of the retrieval fee under certain

13         circumstances; providing for the use of

14         revenues from retrieval fees; requiring payment

15         of retrieval fees before a license is renewed;

16         amending s. 372.57, F.S.; providing for a 3-day

17         recreational freshwater fishing license for

18         nonresidents; increasing fees for various

19         nonresident freshwater and saltwater fishing

20         licenses; amending s. 372.571, F.S., relating

21         to the expiration of licenses and permits;

22         conforming cross-references; providing an

23         effective date.

24  

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

26  

27         Section 1.  Subsections (2) and (6) of section 370.14,

28  Florida Statutes, are amended to read:

29         370.14  Crawfish; regulation.--

30         (2)(a)  Each person trap used for taking or attempting

31  to take crawfish with must have a trap in commercial

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    Florida Senate - 2004                                  SB 2736
    6-1816-04




 1  quantities, or for commercial purposes, must obtain and

 2  exhibit a crawfish trap number, as required by the Fish and

 3  Wildlife Conservation Commission.  The fee for a crawfish trap

 4  number is $125 number permanently attached to the trap and the

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

 6  Conservation commission upon the receipt of an application by

 7  the person and owner of the traps and accompanied by the

 8  payment of a fee of $125 $100. The design of the applications

 9  and of the trap number shall be determined by the commission.

10  Any trap or device used in taking or attempting to take

11  crawfish, other than a trap with the trap number attached as

12  prescribed in this paragraph, shall be seized and destroyed by

13  the commission. The proceeds of the fees imposed by this

14  paragraph shall be deposited and used as provided in paragraph

15  (b). The commission may adopt rules to carry out the intent of

16  this section.

17         (b)  Twenty-five dollars of the $125 fee required for a

18  crawfish trap under paragraph (a) or subsection (6) must be

19  used solely for trap retrieval under s. 370.143.  The

20  remainder of the fees collected pursuant to paragraph (a)

21  shall be deposited as follows:

22         1.  Fifty percent of the fees collected shall be

23  deposited in the Marine Resources Conservation Trust Fund for

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

25  aerial and other surveillance and trap retrieval.

26         2.  Fifty percent of the fees collected shall be

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

28         (6)  A person who takes more crawfish per boat or per

29  person than that number set therefor by rule of the Fish and

30  Wildlife Conservation Commission for recreational harvesters

31  within any 24-hour period by any method other than with traps

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    Florida Senate - 2004                                  SB 2736
    6-1816-04




 1  or similar devices must also pay a fee of $125 $100 and obtain

 2  a trap number to be displayed on his or her boat.

 3         Section 2.  Section 370.143, Florida Statutes, is

 4  amended to read:

 5         370.143  Retrieval of crawfish, lobster, and stone crab

 6  traps during closed season; commission authority; fees.--

 7         (1)  The Fish and Wildlife Conservation Commission is

 8  authorized to implement a trap retrieval program for retrieval

 9  of crawfish, lobster, and stone crab traps remaining in the

10  water during the closed season for each species. The

11  commission may is authorized to contract with outside agents

12  for the program operation.

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

14  assessed trap owners.  However, for persons holding a crawfish

15  trap number or a stone crab endorsement issued under rule of

16  the Fish and Wildlife Conservation Commission, the retrieval

17  fee shall be waived for the first five traps retrieved for

18  each number or endorsement issued. Traps recovered under this

19  program shall become the property of the commission or its

20  contract agent, as determined by the commission, and shall be

21  either destroyed or resold to the original owner.  Revenue

22  from retrieval fees shall be deposited in the Marine Resources

23  Conservation Trust Fund and used solely for operation of the

24  trap retrieval program.

25         (3)  Payment of all assessed retrieval fees shall be

26  required prior to renewal of the trap owner's saltwater

27  products license and stone crab and or crawfish endorsements.

28  Retrieval fees assessed under this program shall stand in lieu

29  of other penalties imposed for such trap violations.

30         (4)  In the event of a major natural disaster in an

31  area declared by the Governor to be a disaster emergency area,

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    Florida Senate - 2004                                  SB 2736
    6-1816-04




 1  such as a hurricane or major storm causing massive trap

 2  losses, the commission shall waive the trap retrieval fee.

 3         Section 3.  Subsection (5) of section 372.57, Florida

 4  Statutes, is amended to read:

 5         372.57  Recreational licenses, permits, and

 6  authorization numbers; fees established.--

 7         (5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The

 8  licenses and fees for nonresidents participating in hunting

 9  and fishing activities in the state are as follows:

10         (a)  Freshwater fishing license to take freshwater fish

11  for 3 consecutive days, $15.

12         (b)(a)  Freshwater fishing license to take freshwater

13  fish for 7 consecutive days, $24 $15.

14         (c)(b)  Saltwater fishing license to take saltwater

15  fish for 3 consecutive days, $15 $5.

16         (d)(c)  Saltwater fishing license to take saltwater

17  fish for 7 consecutive days, $24 $15.

18         (e)(d)  Annual freshwater fishing license, $36 $30.

19         (f)(e)  Annual saltwater fishing license, $36 $30.

20         (g)(f)  Hunting license to take game for 10 consecutive

21  days, $45.

22         (h)(g)  Annual hunting license to take game, $150.

23         (i)(h)  Annual license to take fur-bearing animals,

24  $25.  However, a nonresident with a valid Florida hunting

25  license who is taking fur-bearing animals for noncommercial

26  purposes using guns or dogs only, and not traps or other

27  devices, is not required to purchase this license.

28         Section 4.  Section 372.571, Florida Statutes, is

29  amended to read:

30         372.571  Expiration of licenses and permits.--Each

31  license or permit issued under this chapter must be dated when

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    Florida Senate - 2004                                  SB 2736
    6-1816-04




 1  issued. Each license or permit issued under this chapter

 2  remains valid for 12 months after the date of issuance, except

 3  for a lifetime license issued pursuant to s. 372.57 which is

 4  valid from the date of issuance until the death of the

 5  individual to whom the license is issued unless otherwise

 6  revoked in accordance with s. 372.99, or a 5-year license

 7  issued pursuant to s. 372.57 which is valid for 5 consecutive

 8  years from the date of purchase unless otherwise revoked in

 9  accordance with s. 372.99, or a license issued pursuant to s.

10  372.57(5)(a), (b), (c), (d), or (g) (f) or (8)(g) or (h)2.,

11  which is valid for the period specified on the license.  A

12  resident lifetime license or a resident 5-year license that

13  has been purchased by a resident of this state and who

14  subsequently resides in another state shall be honored for

15  activities authorized by that license.

16         Section 5.  This act shall take effect July 1, 2004.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Increases the trap number fee required for commercial
      crawfish trapping. Provides for revenues from fee
21    increase to be used for trap retrieval. Clarifies that
      crawfish traps are included in the trap retrieval program
22    of the Fish and Wildlife Conservation Commission.
      Provides for a 3-day recreational freshwater fishing
23    license for nonresidents. Increases fees for other
      nonresident freshwater and saltwater fishing licenses.
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