Senate Bill sb2736er

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    ENROLLED

    2004 Legislature                                CS for SB 2736



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  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         providing an effective date.

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

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

21  Florida Statutes, are amended to read:

22         370.14  Crawfish; regulation.--

23         (2)(a)1.  Each person taking or attempting to take

24  crawfish with a trap in commercial quantities or for

25  commercial purposes shall obtain and exhibit a crawfish trap

26  number, as required by the Fish and Wildlife Conservation

27  Commission. The annual fee for a crawfish trap number is $125.

28  Each trap used for taking or attempting to take crawfish must

29  have a trap number permanently attached to the trap and the

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

31  Conservation commission upon the receipt of application by the


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




    ENROLLED

    2004 Legislature                                CS for SB 2736



 1  person when owner of the traps and accompanied by the payment

 2  of the fee a fee of $100. The design of the applications and

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

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

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

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

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

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

 9  commission may adopt rules to carry out the intent of this

10  section.

11         2.  Each person taking or attempting to take crawfish

12  in commercial quantities or for commercial purposes by any

13  method, other than with a trap having a crawfish trap number

14  issued by the commission, must pay an annual fee of $100.

15         (b)  Twenty-five dollars of the $125 fee for a crawfish

16  trap number required under subparagraph (a)1. must be used

17  only for trap retrieval as provided in s. 370.143.  The

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

19  shall be deposited as follows:

20         1.  Fifty percent of the fees collected shall be

21  deposited in the Marine Resources Conservation Trust Fund for

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

23  aerial and other surveillance and trap retrieval.

24         2.  Fifty percent of the fees collected shall be

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

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

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

28  Wildlife Conservation Commission for recreational harvesters

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

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

31  trap number to be displayed on his or her boat.


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    ENROLLED

    2004 Legislature                                CS for SB 2736



 1         Section 2.  Section 370.143, Florida Statutes, is

 2  amended to read:

 3         370.143  Retrieval of lobster, crawfish, and stone crab

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

 5         (1)  The Fish and Wildlife Conservation Commission is

 6  authorized to implement a trap retrieval program for retrieval

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

 8  water during the closed season for each species. The

 9  commission is authorized to contract with outside agents for

10  the program operation.

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

12  assessed trap owners.  However, for each person persons

13  holding a crawfish stamp number or a stone crab endorsement

14  issued under rule of the Fish and Wildlife Conservation

15  commission, the retrieval fee shall be waived for the first

16  five traps retrieved. Traps recovered under this program shall

17  become the property of the commission or its contract agent,

18  as determined by the commission, and shall be either destroyed

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

20  shall be deposited in the Marine Resources Conservation Trust

21  Fund and used solely for operation of the trap retrieval

22  program.

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

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

25  products license and stone crab and or crawfish endorsements.

26  Retrieval fees assessed under this program shall stand in lieu

27  of other penalties imposed for such trap violations.

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

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

30  such as a hurricane or major storm causing massive trap

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


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    ENROLLED

    2004 Legislature                                CS for SB 2736



 1         Section 3.  This act shall take effect July 1, 2004.

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