HB 1345

1
A bill to be entitled
2An act relating to saltwater fisheries; amending s.
3370.135, F.S.; establishing certain endorsement fees for
4the taking of blue crabs; establishing an annual trap tag
5fee; authorizing the Fish and Wildlife Conservation
6Commission to establish by rule an amount of equitable
7rent for access to state natural resources; requiring
8approval of such rule by the Governor and Cabinet;
9requiring the deposit of certain proceeds into the Marine
10Resources Conservation Trust Fund; specifying the use of
11such proceeds; providing administrative penalties for
12certain violations; prohibiting the unauthorized
13possession of trap gear or removal of trap contents and
14providing penalties therefor; providing penalties for
15certain other prohibited activities relating to traps,
16lines, buoys, and trap tags; providing penalties for
17fraudulent reports related to endorsement transfers;
18prohibiting certain activities during endorsement
19suspension and revocation; preserving state jurisdiction
20for certain convictions; providing requirements for
21certain license renewal; appropriating certain fee
22revenues to the commission for blue crab effort management
23program costs; requiring the commission to create an
24advisory board; amending s. 370.142, F.S.; providing
25administrative penalties for certain violations of the
26spiny lobster trap certificate program; amending s.
27370.143, F.S.; revising provisions for certain trap
28retrieval programs and fees; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Subsection (1) of section 370.135, Florida
33Statutes, is amended, and subsections (3), (4), and (5) are
34added to that section, to read:
35     370.135  Blue crab; regulation.--
36     (1)  No person, firm, or corporation shall transport on the
37water, fish with or cause to be fished with, set, or place any
38trap designed for taking blue crabs unless such person, firm, or
39corporation is the holder of a valid saltwater products license
40issued pursuant to s. 370.06 and the trap has a current state
41number permanently attached to the buoy. The trap number shall
42be affixed in legible figures at least 1 inch high on each buoy
43used. The saltwater products license must be on board the boat,
44and both the license and the crabs shall be subject to
45inspection at all times. Only one trap number may be issued for
46each boat by the commission upon receipt of an application on
47forms prescribed by it. This subsection shall not apply to an
48individual fishing with no more than five traps. It is a felony
49of the third degree, punishable as provided in s. 775.082, s.
50775.083, or s. 775.084, for any person willfully to molest any
51traps, lines, or buoys, as defined herein, belonging to another
52without the express written consent of the trap owner. Any
53person receiving a judicial disposition other than dismissal or
54acquittal on a charge of willful molestation of a trap, in
55addition to the penalties specified in s. 370.021, shall lose
56all saltwater fishing privileges for a period of 24 calendar
57months. It is unlawful for any person to remove the contents of
58or take possession of another harvester's trap without the
59express written consent of the trap owner available for
60immediate inspection. Unauthorized possession of another's trap
61gear or removal of trap contents constitutes theft. Any person
62receiving a judicial disposition other than dismissal or
63acquittal on a charge of theft of or from a trap pursuant to
64this section or s. 370.1107 shall, in addition to the penalties
65specified in s. 370.021 and the provisions of this section,
66permanently lose all his or her saltwater fishing privileges
67including his or her saltwater products license and blue crab
68endorsement. In such cases endorsements, landings history, and
69trap certificates are nontransferable. In addition, any person,
70firm, or corporation receiving a judicial disposition other than
71dismissal or acquittal for violating this subsection or s.
72370.1107 shall also be assessed an administrative penalty of up
73to $5,000. Immediately upon receiving a citation for a violation
74involving theft of or from a trap and until adjudicated for such
75a violation, or receiving a judicial disposition other than
76dismissal or acquittal for such a violation, the person, firm,
77or corporation committing the violation is prohibited from
78transferring any blue crab endorsements, landings history, or
79trap certificates.
80     (3)(a)  Endorsement fees.--
81     1.  The fee for a hard-shell blue crab endorsement for the
82taking of hard-shell blue crabs, as required by rule of the
83commission, is $125, $25 of which must be used solely for trap
84retrieval under s. 370.143 and rule 68B-55, Florida
85Administrative Code.
86     2.  The fee for a soft-shell blue crab endorsement for the
87taking of soft-shell blue crabs, as required by rule of the
88commission, is $250, $25 of which must be used solely for trap
89retrieval under s. 370.143 and rule 68B-55, Florida
90Administrative Code.
91     3.  The fee for a nontransferable blue crab endorsement for
92the taking of hard-shell blue crabs, as required by rule of the
93commission, is $125, $25 of which must be used solely for trap
94retrieval under s. 370.143 and rule 68B-55, Florida
95Administrative Code.
96     4.  The fee for an incidental-take blue crab endorsement
97for the taking of blue crabs as bycatch in shrimp trawls and
98stone crab traps, as established by commission rule, is $25.
99     (b)  Trap tag fees.--For each trap tag issued by the
100commission under the requirements of the blue crab effort
101management program established by commission rule, there is an
102annual fee of 50 cents per tag. The fee for replacement tags for
103lost or damaged tags is 50 cents each plus shipping, except that
104the commission shall either temporarily defer or permanently
105waive fees for replacement tags for traps lost in the event of a
106major natural disaster declared as an emergency by the Governor
107in any area of massive trap losses within the designated
108disaster area.
109     (c)  Equitable rent.--The commission may establish by rule
110an amount of equitable rent that may be recovered as partial
111compensation to the state for the enhanced access to its natural
112resources. In determining whether to establish such a rent and
113the amount thereof, the commission may consider the amount of
114revenues annually generated by endorsement fees, trap tag fees,
115replacement trap tag fees, trap retrieval fees, and the
116continued economic viability of the commercial blue crab
117industry. Final approval of such a rule shall be by the Governor
118and Cabinet sitting as the Board of Trustees of the Internal
119Improvement Trust Fund.
120     (d)  Disposition of fees, surcharges, civil penalties and
121fines, and equitable rent.--Endorsement fees, trap tag fees,
122civil penalties and fines, replacement trap tag fees, trap
123retrieval fees, and equitable rent, if any, shall be deposited
124in the Marine Resources Conservation Trust Fund. Not more than
12550 percent of the revenues generated under this section may be
126used for the operation and administration of the blue crab
127effort management program. The remaining revenues generated
128under this section shall be used for trap retrieval, management
129of the blue crab fishery, public education activities, research,
130and enforcement activities in support of the blue crab effort
131management program.
132     (4)(a)  Untagged trap penalties.--In addition to any other
133penalties provided in s. 370.021 for any person, firm, or
134corporation that violates rule 68B-45.007(6)(b), Florida
135Administrative Code, the following administrative penalties
136apply:
137     1.  For a first violation, the commission shall assess an
138administrative penalty of up to $1,000 and the blue crab
139endorsement holder's blue crab fishing privileges may be
140suspended for the remainder of the current license year.
141     2.  For a second violation that occurs within 24 months
142after any previous such violation, the commission shall assess
143an administrative penalty of up to $2,000 and the blue crab
144endorsement holder's blue crab fishing privileges may be
145suspended for 12 calendar months.
146     3.  For a third violation that occurs within 36 months
147after any two previous such violations, the commission shall
148assess an administrative penalty of up to $5,000 and the blue
149crab endorsement holder's blue crab fishing privileges may be
150suspended for 24 calendar months.
151     4.  A fourth violation that occurs within 48 months after
152any three previous such violations shall result in permanent
153revocation of all of the violator's saltwater fishing
154privileges, including having the commission proceed against the
155endorsement holder's saltwater products license in accordance
156with s. 370.021.
157
158Any person assessed an administrative penalty under this
159paragraph shall, within 30 calendar days after notification, pay
160the administrative penalty to the commission or request an
161administrative hearing under ss. 120.569 and 120.57. The
162proceeds of all administrative penalties collected under this
163paragraph shall be deposited in the Marine Resources
164Conservation Trust Fund.
165     (b)  Trap theft; prohibitions and penalties.--It is
166unlawful for any person to remove or take possession of the
167contents of another harvester's trap without the express written
168consent of the trap owner, which must be available for immediate
169inspection. Unauthorized possession of another harvester's trap
170gear or removal of trap contents constitutes theft. Any person
171convicted of theft of or from a trap pursuant to this paragraph
172shall, in addition to the penalties specified in s. 370.021 and
173the provisions of this section, permanently lose all of his or
174her saltwater fishing privileges, including saltwater products
175licenses, blue crab endorsements, and all trap tags allotted to
176him or her by the commission. In such cases, endorsements are
177nontransferable. In addition, any person, firm, or corporation
178convicted of a violation of this paragraph shall also be
179assessed an administrative penalty of up to $5,000. Immediately
180upon receiving a citation for a violation involving theft of or
181from a trap and until adjudicated for such a violation or upon
182receipt of a judicial disposition other than dismissal or
183acquittal on such a violation, the violator is prohibited from
184transferring any blue crab endorsement.
185     (c)  Criminal activities.--Any person, firm, or corporation
186convicted of violating commission rules that prohibit any of the
187following commits a felony of the third degree, punishable as
188provided in s. 775.082, s. 775.083, or s. 775.084:
189     1.  The willful molestation of any blue crab trap, line, or
190buoy that is the property of any licenseholder, without the
191permission of that licenseholder.
192     2.  The bartering, trading, leasing, or sale, or conspiring
193or aiding in such barter, trade, lease, or sale, or supplying,
194agreeing to supply, aiding in supplying, or giving away blue
195crab trap tags unless the action is duly authorized by the
196commission as provided by commission rules.
197     3.  The making, altering, forging, counterfeiting, or
198reproducing of blue crab trap tags.
199     4.  Possession of altered, forged, counterfeit, or
200imitation blue crab trap tags.
201     5.  Possession of commission-issued original trap tags and
202commission-issued replacement trap tags, the sum of which
203exceeds by 1 percent the number of traps allowed by rule of the
204commission.
205     6.  Engaging in the commercial harvest of blue crabs during
206the time the licenseholder's blue crab endorsements are under
207suspension or revocation.
208
209Any person, firm, or corporation convicted of a violation of
210this paragraph shall be assessed an administrative penalty of up
211to $5,000, and all of the blue crab endorsements possessed by
212the person, firm, or corporation may be suspended for up to 24
213calendar months. Immediately upon receiving a citation involving
214a violation of this paragraph and until adjudicated for such a
215violation, or if convicted of such a violation, the person,
216firm, or corporation committing the violation is prohibited from
217transferring any blue crab endorsements.
218     (d)  Endorsement transfers; fraudulent reports;
219penalties.--For any person, firm, or corporation convicted of
220fraudulently reporting the actual value of transferred blue crab
221endorsements, the commission may automatically suspend or
222permanently revoke the seller's or the purchaser's blue crab
223endorsements. If the endorsement is permanently revoked, the
224commission shall also permanently deactivate the endorsement
225holder's blue crab trap tag accounts.
226     (e)  Prohibitions during endorsement suspension and
227revocation.--During any period of suspension or revocation of a
228blue crab endorsement holder's endorsements, he or she shall,
229within 15 days after notice provided by the commission, remove
230from the water all traps subject to that endorsement. Failure to
231do so shall extend the period of suspension or revocation for an
232additional 6 calendar months.
233     (5)  For purposes of this section, a conviction is any
234disposition other than acquittal or dismissal.
235     (6)  An endorsement may not be renewed until all fees and
236administrative penalties imposed under this section are paid.
237     Section 2.  In order to implement the blue crab effort
238management program pursuant to s. 370.135(3)(b), Florida
239Statutes, including the creation of the Blue Crab Advisory Board
240by commission rule, there is appropriated from the commercial
241saltwater license fee revenues in the Marine Resources
242Conservation Trust Fund to the Office of Licenses and Permits in
243the Fish and Wildlife Conservation Commission the sum of
244$120,000 for program cost and the cost of blue crab trap tags
245for the fiscal year 2006-2007, and there is appropriated from
246the commercial saltwater license fee revenues in the Marine
247Resources Conservation Trust Fund to the Division of Marine
248Fisheries Management an additional sum of $12,000 for the
249operational and administrative costs of the Blue Crab Advisory
250Board.
251     Section 3.  Paragraph (c) of subsection (2) of section
252370.142, Florida Statutes, is amended to read:
253     370.142  Spiny lobster trap certificate program.--
254     (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
255PENALTIES.--The Fish and Wildlife Conservation Commission shall
256establish a trap certificate program for the spiny lobster
257fishery of this state and shall be responsible for its
258administration and enforcement as follows:
259     (c)  Prohibitions; penalties.--
260     1.  It is unlawful for a person to possess or use a spiny
261lobster trap in or on state waters or adjacent federal waters
262without having affixed thereto the trap tag required by this
263section. It is unlawful for a person to possess or use any other
264gear or device designed to attract and enclose or otherwise aid
265in the taking of spiny lobster by trapping that is not a trap as
266defined in rule 68B-24.006(2), Florida Administrative Code.
267     2.  It is unlawful for a person to possess or use spiny
268lobster trap tags without having the necessary number of
269certificates on record as required by this section.
270     3.  It is unlawful for any person to willfully molest, take
271possession of, or remove the contents of another harvester's
272trap without the express written consent of the trap owner
273available for immediate inspection. Unauthorized possession of
274another's trap gear or removal of trap contents constitutes
275theft. Any person receiving a judicial disposition other than
276dismissal or acquittal on a charge of theft of or from a trap
277pursuant to this subparagraph or s. 370.1107 shall, in addition
278to the penalties specified in ss. 370.021 and 370.14 and the
279provisions of this section, permanently lose all his or her
280saltwater fishing privileges, including his or her saltwater
281products license, crawfish endorsement, and all trap
282certificates allotted to him or her through this program. In
283such cases, trap certificates and endorsements are
284nontransferable. Any person receiving a judicial disposition
285other than dismissal or acquittal on a charge of willful
286molestation of a trap, in addition to the penalties specified in
287ss. 370.021 and 370.14, shall lose all saltwater fishing
288privileges for a period of 24 calendar months. In addition, any
289person, firm, or corporation charged with violating this
290paragraph and receiving a judicial disposition other than
291dismissal or acquittal for violating this subparagraph or s.
292370.1107 shall also be assessed an administrative penalty of up
293to $5,000. Immediately upon receiving a citation for a violation
294involving theft of or from a trap, or molestation of a trap, and
295until adjudicated for such a violation or, upon receipt of a
296judicial disposition other than dismissal or acquittal of such a
297violation, the person, firm, or corporation committing the
298violation is prohibited from transferring any crawfish trap
299certificates and endorsements.
300     4.  In addition to any other penalties provided in s.
301370.021, a commercial harvester, as defined by rule 68B-
30224.002(1), Florida Administrative Code, who violates the
303provisions of this section, or the provisions relating to traps
304of chapter 68B-24, Florida Administrative Code, shall be
305punished as follows:
306     a.  If the first violation is for violation of subparagraph
3071. or subparagraph 2., the commission shall assess an additional
308civil penalty of up to $1,000 and the crawfish trap number
309issued pursuant to s. 370.14(2) or (6) may be suspended for the
310remainder of the current license year. For all other first
311violations, the commission shall assess an additional civil
312penalty of up to $500.
313     b.  For a second violation of subparagraph 1. or
314subparagraph 2. which occurs within 24 months of any previous
315such violation, the commission shall assess an additional civil
316penalty of up to $2,000 and the crawfish trap number issued
317pursuant to s. 370.14(2) or (6) may be suspended for the
318remainder of the current license year.
319     c.  For a third or subsequent violation of subparagraph 1.,
320subparagraph 2., or subparagraph 3. which occurs within 36
321months of any previous two such violations, the commission shall
322assess an additional civil penalty of up to $5,000 and may
323suspend the crawfish trap number issued pursuant to s. 370.14(2)
324or (6) for a period of up to 24 months or may revoke the
325crawfish trap number and, if revoking the crawfish trap number,
326may also proceed against the licenseholder's saltwater products
327license in accordance with the provisions of s. 370.021(2)(h).
328     d.  Any person assessed an additional civil penalty
329pursuant to this section shall within 30 calendar days after
330notification:
331     (I)  Pay the civil penalty to the commission; or
332     (II)  Request an administrative hearing pursuant to the
333provisions of s. 120.60.
334     e.  The commission shall suspend the crawfish trap number
335issued pursuant to s. 370.14(2) or (6) for any person failing to
336comply with the provisions of sub-subparagraph d.
337     5.a.  It is unlawful for any person to make, alter, forge,
338counterfeit, or reproduce a spiny lobster trap tag or
339certificate.
340     b.  It is unlawful for any person to knowingly have in his
341or her possession a forged, counterfeit, or imitation spiny
342lobster trap tag or certificate.
343     c.  It is unlawful for any person to barter, trade, sell,
344supply, agree to supply, aid in supplying, or give away a spiny
345lobster trap tag or certificate or to conspire to barter, trade,
346sell, supply, aid in supplying, or give away a spiny lobster
347trap tag or certificate unless such action is duly authorized by
348the commission as provided in this chapter or in the rules of
349the commission.
350     6.a.  Any person who violates the provisions of
351subparagraph 5., or any person who engages in the commercial
352harvest, trapping, or possession of spiny lobster without a
353crawfish trap number as required by s. 370.14(2) or (6) or
354during any period while such crawfish trap number is under
355suspension or revocation, commits a felony of the third degree,
356punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
357     b.  In addition to any penalty imposed pursuant to sub-
358subparagraph a., the commission shall levy a fine of up to twice
359the amount of the appropriate surcharge to be paid on the fair
360market value of the transferred certificates, as provided in
361subparagraph (a)1., on any person who violates the provisions of
362sub-subparagraph 5.c.
363     c.  In addition to any penalty imposed pursuant to sub-
364subparagraph a., any person receiving any judicial disposition
365other than acquittal or dismissal for a violation of
366subparagraph 5. shall be assessed an administrative penalty of
367up to $5,000, and the crawfish endorsement under which the
368violation was committed may be suspended for up to 24 calendar
369months. Immediately upon issuance of a citation involving a
370violation of subparagraph 5. and until adjudication of such a
371violation, and after receipt of any judicial disposition other
372than acquittal or dismissal for such a violation, the person
373holding the crawfish endorsement listed on the citation is
374prohibited from transferring any spiny lobster trap
375certificates.
376     7.  Any certificates for which the annual certificate fee
377is not paid for a period of 3 years shall be considered
378abandoned and shall revert to the commission. During any period
379of trap reduction, any certificates reverting to the commission
380shall become permanently unavailable and be considered in that
381amount to be reduced during the next license-year period.
382Otherwise, any certificates that revert to the commission are to
383be reallotted in such manner as provided by the commission.
384     8.  The proceeds of all civil penalties collected pursuant
385to subparagraph 4. and all fines collected pursuant to sub-
386subparagraph 6.b. shall be deposited into the Marine Resources
387Conservation Trust Fund.
388     9.  All traps shall be removed from the water during any
389period of suspension or revocation.
390     Section 4.  Subsections (1), (2), and (3) of section
391370.143, Florida Statutes, are amended to read:
392     370.143  Retrieval of spiny lobster, crawfish, and stone
393crab, blue crab, and black sea bass traps during closed season;
394commission authority; fees.--
395     (1)  The Fish and Wildlife Conservation Commission is
396authorized to implement a trap retrieval program for retrieval
397of spiny lobster, crawfish, and stone crab, blue crab, and black
398sea bass traps remaining in the water during the closed season
399for each species. The commission is authorized to contract with
400outside agents for the program operation.
401     (2)  A retrieval fee of $10 per trap retrieved shall be
402assessed trap owners. However, for each person holding a spiny
403lobster endorsement, crawfish stamp number or a stone crab
404endorsement, or a blue crab endorsement issued under rule of the
405commission, the retrieval fee shall be waived for the first five
406traps retrieved. Traps recovered under this program shall become
407the property of the commission or its contract agent, as
408determined by the commission, and shall be either destroyed or
409resold to the original owner. Revenue from retrieval fees shall
410be deposited in the Marine Resources Conservation Trust Fund and
411used solely for operation of the trap retrieval program.
412     (3)  Payment of all assessed retrieval fees shall be
413required prior to renewal of the trap owner's saltwater products
414license and stone crab and or crawfish endorsements. Retrieval
415fees assessed under this program shall stand in lieu of other
416penalties imposed for such trap violations.
417     Section 5.  This act shall take effect July 1, 2006.


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