HB 1345

CS

CHAMBER ACTION

1	The Agriculture & Environment Appropriations Committee
2	recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6
7	A bill to be entitled
8	An act relating to saltwater fisheries; amending s.
9	370.0603, F.S.; authorizing use of the Marine Resources
10	Conservation Trust Fund to fund the stone crab reduction,
11	blue crab effort management, spiny lobster trap
12	certificate, and trap retrieval programs; requiring
13	proceeds from certain fees, fines, and penalties to be
14	deposited in the Marine Resources Conservation Trust Fund;
15	amending s. 370.13, F.S., relating to stone crab
16	regulation; authorizing the Fish and Wildlife Conservation
17	Commission to waive or defer replacement tag fees under
18	certain circumstances; amending s. 370.135, F.S., relating
19	to blue crab regulation; establishing certain endorsement
20	fees for the taking of blue crabs; establishing an annual
21	trap tag fee; authorizing the commission to waive or defer
22	replacement tag fees under certain circumstances;
23	authorizing the commission to establish by rule an amount
24	of equitable rent for access to state natural resources;
25	requiring approval of such rule by the Governor and
26	Cabinet; requiring the deposit of certain proceeds into
27	the Marine Resources Conservation Trust Fund; specifying
28	the use of such proceeds; requiring the commission to
29	waive endorsement and tag fees for certain program
30	participants; providing administrative penalties for
31	certain violations; prohibiting the unauthorized
32	possession of trap gear or removal of trap contents and
33	providing penalties therefor; providing penalties for
34	certain other prohibited activities relating to traps,
35	lines, buoys, and trap tags; providing penalties for
36	fraudulent reports related to endorsement transfers;
37	prohibiting certain activities during endorsement
38	suspension and revocation; preserving state jurisdiction
39	for certain convictions; providing requirements for
40	certain license renewal; appropriating certain fee
41	revenues to the commission for blue crab effort management
42	program costs; requiring the commission to create an
43	advisory board; amending s. 370.142, F.S., relating to the
44	spiny lobster trap certificate program; authorizing the
45	commission to waive or defer replacement tag fees under
46	certain circumstances; providing administrative penalties
47	for certain violations of the spiny lobster trap
48	certificate program; amending s. 370.143, F.S.; revising
49	provisions for certain trap retrieval programs and fees;
50	providing a recurring appropriation; providing an
51	effective date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Paragraph (j) is added to subsection (1) of
56	section 370.0603, Florida Statutes, and paragraphs (c) and (d)
57	of subsection (2) of that section are amended, to read:
58	370.0603  Marine Resources Conservation Trust Fund;
59	purposes.--
60	(1)  The Marine Resources Conservation Trust Fund within
61	the Fish and Wildlife Conservation Commission shall serve as a
62	broad-based depository for funds from various marine-related and
63	boating-related activities and shall be administered by the
64	commission for the purposes of:
65	(j)  Funding the stone crab trap reduction program under s.
66	370.13, the blue crab effort management program under s.
67	370.135, the spiny lobster trap certificate program under s.
68	370.142, and the trap retrieval program under s. 370.143.
69	(2)  The Marine Resources Conservation Trust Fund shall
70	receive the proceeds from:
71	(c)  All fees collected pursuant to ss. 370.063, 370.13,
72	370.135, 370.142, 370.143, and 372.5704.
73	(d)  All fines and penalties pursuant to ss. s. 370.021,
74	370.13, 370.135, and 370.142.
75	Section 2.  Paragraph (b) of subsection (1) of section
76	370.13, Florida Statutes, is amended to read:
77	370.13  Stone crab; regulation.--
78	(1)  FEES AND EQUITABLE RENT.--
79	(b)  Certificate fees.--
80	1.  For each trap certificate issued by the commission
81	under the requirements of the stone crab trap limitation program
82	established by commission rule, there is an annual fee of 50
83	cents per certificate. Replacement tags for lost or damaged tags
84	cost 50 cents each. In the event of a major natural disaster,
85	such as a hurricane or major storm, which causes massive trap
86	losses within an area declared by the Governor to be a disaster
87	emergency area, the commission may temporarily defer or
88	permanently waive replacement tag fees, except that tags lost in
89	the event of a major natural disaster declared as an emergency
90	disaster by the Governor shall be replaced for the cost of the
91	tag as incurred by the commission.
92	2.  The fee for transferring trap certificates is $1 per
93	certificate transferred, except that the fee for eligible crew
94	members is 50 cents per certificate transferred. Eligible crew
95	members shall be determined according to criteria established by
96	rule of the commission. Payment must be made by money order or
97	cashier's check, submitted with the certificate transfer form
98	developed by the commission.
99	3.  In addition to the transfer fee, a surcharge of $1 per
100	certificate transferred, or 25 percent of the actual value of
101	the transferred certificate, whichever is greater, will be
102	assessed the first time a certificate is transferred outside the
103	original holder's immediate family.
104	4.  Transfer fees and surcharges only apply to the actual
105	number of certificates received by the purchaser. A transfer of
106	a certificate is not effective until the commission receives a
107	notarized copy of the bill of sale as proof of the actual value
108	of the transferred certificate or certificates, which must also
109	be submitted with the transfer form and payment.
110	5.  A transfer fee will not be assessed or required when
111	the transfer is within a family as a result of the death or
112	disability of the certificate owner. A surcharge will not be
113	assessed for any transfer within an individual's immediate
114	family.
115	6.  The fees and surcharge amounts in this paragraph apply
116	in the 2005-2006 license year and subsequent years.
117	Section 3.  Subsection (1) of section 370.135, Florida
118	Statutes, is amended, and subsections (3), (4), (5), and (6) are
119	added to that section, to read:
120	370.135  Blue crab; regulation.--
121	(1)  No person, firm, or corporation shall transport on the
122	water, fish with or cause to be fished with, set, or place any
123	trap designed for taking blue crabs unless such person, firm, or
124	corporation is the holder of a valid saltwater products license
125	issued pursuant to s. 370.06 and the trap has a current state
126	number permanently attached to the buoy. The trap number shall
127	be affixed in legible figures at least 1 inch high on each buoy
128	used. The saltwater products license must be on board the boat,
129	and both the license and the crabs shall be subject to
130	inspection at all times. Only one trap number may be issued for
131	each boat by the commission upon receipt of an application on
132	forms prescribed by it. This subsection shall not apply to an
133	individual fishing with no more than five traps. It is a felony
134	of the third degree, punishable as provided in s. 775.082, s.
135	775.083, or s. 775.084, for any person willfully to molest any
136	traps, lines, or buoys, as defined herein, belonging to another
137	without the express written consent of the trap owner. Any
138	person receiving a judicial disposition other than dismissal or
139	acquittal on a charge of willful molestation of a trap, in
140	addition to the penalties specified in s. 370.021, shall lose
141	all saltwater fishing privileges for a period of 24 calendar
142	months. It is unlawful for any person to remove the contents of
143	or take possession of another harvester's trap without the
144	express written consent of the trap owner available for
145	immediate inspection. Unauthorized possession of another's trap
146	gear or removal of trap contents constitutes theft. Any person
147	receiving a judicial disposition other than dismissal or
148	acquittal on a charge of theft of or from a trap pursuant to
149	this section or s. 370.1107 shall, in addition to the penalties
150	specified in s. 370.021 and the provisions of this section,
151	permanently lose all his or her saltwater fishing privileges
152	including his or her saltwater products license and blue crab
153	endorsement. In such cases endorsements, landings history, and
154	trap certificates are nontransferable. In addition, any person,
155	firm, or corporation receiving a judicial disposition other than
156	dismissal or acquittal for violating this subsection or s.
157	370.1107 shall also be assessed an administrative penalty of up
158	to $5,000. Immediately upon receiving a citation for a violation
159	involving theft of or from a trap and until adjudicated for such
160	a violation, or receiving a judicial disposition other than
161	dismissal or acquittal for such a violation, the person, firm,
162	or corporation committing the violation is prohibited from
163	transferring any blue crab endorsements, landings history, or
164	trap certificates.
165	(3)(a)  Endorsement fees.--
166	1.  The fee for a hard-shell blue crab endorsement for the
167	taking of hard-shell blue crabs, as required by rule of the
168	commission, is $125, $25 of which must be used solely for trap
169	retrieval under s. 370.143 and rule 68B-55, Florida
170	Administrative Code.
171	2.  The fee for a soft-shell blue crab endorsement for the
172	taking of soft-shell blue crabs, as required by rule of the
173	commission, is $250, $25 of which must be used solely for trap
174	retrieval under s. 370.143 and rule 68B-55, Florida
175	Administrative Code.
176	3.  The fee for a nontransferable blue crab endorsement for
177	the taking of hard-shell blue crabs, as required by rule of the
178	commission, is $125, $25 of which must be used solely for trap
179	retrieval under s. 370.143 and rule 68B-55, Florida
180	Administrative Code.
181	4.  The fee for an incidental-take blue crab endorsement
182	for the taking of blue crabs as bycatch in shrimp trawls and
183	stone crab traps, as established by commission rule, is $25.
184	(b)  Trap tag fees.--For each trap tag issued by the
185	commission under the requirements of the blue crab effort
186	management program established by commission rule, there is an
187	annual fee of 50 cents per tag. The fee for replacement tags for
188	lost or damaged tags is 50 cents each plus shipping. In the
189	event of a major natural disaster, such as a hurricane or major
190	storm, which causes massive trap losses within an area declared
191	by the Governor to be a disaster emergency area, the commission
192	may temporarily defer or permanently waive replacement tag fees.
193	(c)  Equitable rent.--The commission may establish by rule
194	an amount of equitable rent that may be recovered as partial
195	compensation to the state for the enhanced access to its natural
196	resources. In determining whether to establish such a rent and
197	the amount thereof, the commission may consider the amount of
198	revenues annually generated by endorsement fees, trap tag fees,
199	replacement trap tag fees, trap retrieval fees, and the
200	continued economic viability of the commercial blue crab
201	industry. Final approval of such a rule shall be by the Governor
202	and Cabinet sitting as the Board of Trustees of the Internal
203	Improvement Trust Fund.
204	(d)  Disposition of fees, surcharges, civil penalties and
205	fines, and equitable rent.--Endorsement fees, trap tag fees,
206	civil penalties and fines, replacement trap tag fees, trap
207	retrieval fees, and equitable rent, if any, shall be deposited
208	in the Marine Resources Conservation Trust Fund. Not more than
209	50 percent of the revenues generated under this section may be
210	used for the operation and administration of the blue crab
211	effort management program. The remaining revenues generated
212	under this section shall be used for trap retrieval, management
213	of the blue crab fishery, public education activities, research,
214	and enforcement activities in support of the blue crab effort
215	management program.
216	(e)  Waiver of fees.--For the 2006-2007 license year, the
217	commission shall waive all fees under this subsection for all
218	persons who qualify by September 30, 2006, to participate in the
219	blue crab effort management program established by commission
220	rule.
221	(4)(a)  Untagged trap penalties.--In addition to any other
222	penalties provided in s. 370.021 for any person, firm, or
223	corporation that violates rule 68B-45.007(6)(b), Florida
224	Administrative Code, the following administrative penalties
225	apply:
226	1.  For a first violation, the commission shall assess an
227	administrative penalty of up to $1,000 and the blue crab
228	endorsement holder's blue crab fishing privileges may be
229	suspended for the remainder of the current license year.
230	2.  For a second violation that occurs within 24 months
231	after any previous such violation, the commission shall assess
232	an administrative penalty of up to $2,000 and the blue crab
233	endorsement holder's blue crab fishing privileges may be
234	suspended for 12 calendar months.
235	3.  For a third violation that occurs within 36 months
236	after any two previous such violations, the commission shall
237	assess an administrative penalty of up to $5,000 and the blue
238	crab endorsement holder's blue crab fishing privileges may be
239	suspended for 24 calendar months.
240	4.  A fourth violation that occurs within 48 months after
241	any three previous such violations shall result in permanent
242	revocation of all of the violator's saltwater fishing
243	privileges, including having the commission proceed against the
244	endorsement holder's saltwater products license in accordance
245	with s. 370.021.
246
247	Any person assessed an administrative penalty under this
248	paragraph shall, within 30 calendar days after notification, pay
249	the administrative penalty to the commission or request an
250	administrative hearing under ss. 120.569 and 120.57. The
251	proceeds of all administrative penalties collected under this
252	paragraph shall be deposited in the Marine Resources
253	Conservation Trust Fund.
254	(b)  Trap theft; prohibitions and penalties.--It is
255	unlawful for any person to remove or take possession of the
256	contents of another harvester's trap without the express written
257	consent of the trap owner, which must be available for immediate
258	inspection. Unauthorized possession of another harvester's trap
259	gear or removal of trap contents constitutes theft. Any person
260	convicted of theft of or from a trap pursuant to this paragraph
261	shall, in addition to the penalties specified in s. 370.021 and
262	the provisions of this section, permanently lose all of his or
263	her saltwater fishing privileges, including saltwater products
264	licenses, blue crab endorsements, and all trap tags allotted to
265	him or her by the commission. In such cases, endorsements are
266	nontransferable. In addition, any person, firm, or corporation
267	convicted of a violation of this paragraph shall also be
268	assessed an administrative penalty of up to $5,000. Immediately
269	upon receiving a citation for a violation involving theft of or
270	from a trap and until adjudicated for such a violation or upon
271	receipt of a judicial disposition other than dismissal or
272	acquittal on such a violation, the violator is prohibited from
273	transferring any blue crab endorsement.
274	(c)  Criminal activities.--Any person, firm, or corporation
275	convicted of violating commission rules that prohibit any of the
276	following commits a felony of the third degree, punishable as
277	provided in s. 775.082, s. 775.083, or s. 775.084:
278	1.  The willful molestation of any blue crab trap, line, or
279	buoy that is the property of any licenseholder, without the
280	permission of that licenseholder.
281	2.  The bartering, trading, leasing, or sale, or conspiring
282	or aiding in such barter, trade, lease, or sale, or supplying,
283	agreeing to supply, aiding in supplying, or giving away blue
284	crab trap tags unless the action is duly authorized by the
285	commission as provided by commission rules.
286	3.  The making, altering, forging, counterfeiting, or
287	reproducing of blue crab trap tags.
288	4.  Possession of altered, forged, counterfeit, or
289	imitation blue crab trap tags.
290	5.  Possession of commission-issued original trap tags and
291	commission-issued replacement trap tags, the sum of which
292	exceeds by 1 percent the number of traps allowed by rule of the
293	commission.
294	6.  Engaging in the commercial harvest of blue crabs during
295	the time the licenseholder's blue crab endorsements are under
296	suspension or revocation.
297
298	Any person, firm, or corporation convicted of a violation of
299	this paragraph shall be assessed an administrative penalty of up
300	to $5,000, and all of the blue crab endorsements possessed by
301	the person, firm, or corporation may be suspended for up to 24
302	calendar months. Immediately upon receiving a citation involving
303	a violation of this paragraph and until adjudicated for such a
304	violation, or if convicted of such a violation, the person,
305	firm, or corporation committing the violation is prohibited from
306	transferring any blue crab endorsements.
307	(d)  Endorsement transfers; fraudulent reports;
308	penalties.--For any person, firm, or corporation convicted of
309	fraudulently reporting the actual value of transferred blue crab
310	endorsements, the commission may automatically suspend or
311	permanently revoke the seller's or the purchaser's blue crab
312	endorsements. If the endorsement is permanently revoked, the
313	commission shall also permanently deactivate the endorsement
314	holder's blue crab trap tag accounts.
315	(e)  Prohibitions during endorsement suspension and
316	revocation.--During any period of suspension or revocation of a
317	blue crab endorsement holder's endorsements, he or she shall,
318	within 15 days after notice provided by the commission, remove
319	from the water all traps subject to that endorsement. Failure to
320	do so shall extend the period of suspension or revocation for an
321	additional 6 calendar months.
322	(5)  For purposes of this section, a conviction is any
323	disposition other than acquittal or dismissal.
324	(6)  An endorsement may not be renewed until all fees and
325	administrative penalties imposed under this section are paid.
326	Section 4.  Paragraphs (b) and (c) of subsection (2) of
327	section 370.142, Florida Statutes, are amended to read:
328	370.142  Spiny lobster trap certificate program.--
329	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
330	PENALTIES.--The Fish and Wildlife Conservation Commission shall
331	establish a trap certificate program for the spiny lobster
332	fishery of this state and shall be responsible for its
333	administration and enforcement as follows:
334	(b)  Trap tags.--Each trap used to take or attempt to take
335	spiny lobsters in state waters or adjacent federal waters shall,
336	in addition to the crawfish trap number required by s.
337	370.14(2), have affixed thereto an annual trap tag issued by the
338	commission. Each such tag shall be made of durable plastic or
339	similar material and shall, based on the number of certificates
340	held, have stamped thereon the owner's license number. To
341	facilitate enforcement and recordkeeping, such tags shall be
342	issued each year in a color different from that of each of the
343	previous 3 years. The annual certificate fee shall be $1 per
344	certificate. Replacement tags for lost or damaged tags may be
345	obtained as provided by rule of the commission. In the event of
346	a major natural disaster, such as a hurricane or major storm,
347	which causes massive trap losses within an area declared by the
348	Governor to be a disaster emergency area, the commission may
349	temporarily defer or permanently waive replacement tag fees.
350	(c)  Prohibitions; penalties.--
351	1.  It is unlawful for a person to possess or use a spiny
352	lobster trap in or on state waters or adjacent federal waters
353	without having affixed thereto the trap tag required by this
354	section. It is unlawful for a person to possess or use any other
355	gear or device designed to attract and enclose or otherwise aid
356	in the taking of spiny lobster by trapping that is not a trap as
357	defined in rule 68B-24.006(2), Florida Administrative Code.
358	2.  It is unlawful for a person to possess or use spiny
359	lobster trap tags without having the necessary number of
360	certificates on record as required by this section.
361	3.  It is unlawful for any person to willfully molest, take
362	possession of, or remove the contents of another harvester's
363	trap without the express written consent of the trap owner
364	available for immediate inspection. Unauthorized possession of
365	another's trap gear or removal of trap contents constitutes
366	theft. Any person receiving a judicial disposition other than
367	dismissal or acquittal on a charge of theft of or from a trap
368	pursuant to this subparagraph or s. 370.1107 shall, in addition
369	to the penalties specified in ss. 370.021 and 370.14 and the
370	provisions of this section, permanently lose all his or her
371	saltwater fishing privileges, including his or her saltwater
372	products license, crawfish endorsement, and all trap
373	certificates allotted to him or her through this program. In
374	such cases, trap certificates and endorsements are
375	nontransferable. Any person receiving a judicial disposition
376	other than dismissal or acquittal on a charge of willful
377	molestation of a trap, in addition to the penalties specified in
378	ss. 370.021 and 370.14, shall lose all saltwater fishing
379	privileges for a period of 24 calendar months. In addition, any
380	person, firm, or corporation charged with violating this
381	paragraph and receiving a judicial disposition other than
382	dismissal or acquittal for violating this subparagraph or s.
383	370.1107 shall also be assessed an administrative penalty of up
384	to $5,000. Immediately upon receiving a citation for a violation
385	involving theft of or from a trap, or molestation of a trap, and
386	until adjudicated for such a violation or, upon receipt of a
387	judicial disposition other than dismissal or acquittal of such a
388	violation, the person, firm, or corporation committing the
389	violation is prohibited from transferring any crawfish trap
390	certificates and endorsements.
391	4.  In addition to any other penalties provided in s.
392	370.021, a commercial harvester, as defined by rule 68B-
393	24.002(1), Florida Administrative Code, who violates the
394	provisions of this section, or the provisions relating to traps
395	of chapter 68B-24, Florida Administrative Code, shall be
396	punished as follows:
397	a.  If the first violation is for violation of subparagraph
398	1. or subparagraph 2., the commission shall assess an additional
399	civil penalty of up to $1,000 and the crawfish trap number
400	issued pursuant to s. 370.14(2) or (6) may be suspended for the
401	remainder of the current license year. For all other first
402	violations, the commission shall assess an additional civil
403	penalty of up to $500.
404	b.  For a second violation of subparagraph 1. or
405	subparagraph 2. which occurs within 24 months of any previous
406	such violation, the commission shall assess an additional civil
407	penalty of up to $2,000 and the crawfish trap number issued
408	pursuant to s. 370.14(2) or (6) may be suspended for the
409	remainder of the current license year.
410	c.  For a third or subsequent violation of subparagraph 1.,
411	subparagraph 2., or subparagraph 3. which occurs within 36
412	months of any previous two such violations, the commission shall
413	assess an additional civil penalty of up to $5,000 and may
414	suspend the crawfish trap number issued pursuant to s. 370.14(2)
415	or (6) for a period of up to 24 months or may revoke the
416	crawfish trap number and, if revoking the crawfish trap number,
417	may also proceed against the licenseholder's saltwater products
418	license in accordance with the provisions of s. 370.021(2)(h).
419	d.  Any person assessed an additional civil penalty
420	pursuant to this section shall within 30 calendar days after
421	notification:
422	(I)  Pay the civil penalty to the commission; or
423	(II)  Request an administrative hearing pursuant to the
424	provisions of s. 120.60.
425	e.  The commission shall suspend the crawfish trap number
426	issued pursuant to s. 370.14(2) or (6) for any person failing to
427	comply with the provisions of sub-subparagraph d.
428	5.a.  It is unlawful for any person to make, alter, forge,
429	counterfeit, or reproduce a spiny lobster trap tag or
430	certificate.
431	b.  It is unlawful for any person to knowingly have in his
432	or her possession a forged, counterfeit, or imitation spiny
433	lobster trap tag or certificate.
434	c.  It is unlawful for any person to barter, trade, sell,
435	supply, agree to supply, aid in supplying, or give away a spiny
436	lobster trap tag or certificate or to conspire to barter, trade,
437	sell, supply, aid in supplying, or give away a spiny lobster
438	trap tag or certificate unless such action is duly authorized by
439	the commission as provided in this chapter or in the rules of
440	the commission.
441	6.a.  Any person who violates the provisions of
442	subparagraph 5., or any person who engages in the commercial
443	harvest, trapping, or possession of spiny lobster without a
444	crawfish trap number as required by s. 370.14(2) or (6) or
445	during any period while such crawfish trap number is under
446	suspension or revocation, commits a felony of the third degree,
447	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
448	b.  In addition to any penalty imposed pursuant to sub-
449	subparagraph a., the commission shall levy a fine of up to twice
450	the amount of the appropriate surcharge to be paid on the fair
451	market value of the transferred certificates, as provided in
452	subparagraph (a)1., on any person who violates the provisions of
453	sub-subparagraph 5.c.
454	c.  In addition to any penalty imposed pursuant to sub-
455	subparagraph a., any person receiving any judicial disposition
456	other than acquittal or dismissal for a violation of
457	subparagraph 5. shall be assessed an administrative penalty of
458	up to $5,000, and the crawfish endorsement under which the
459	violation was committed may be suspended for up to 24 calendar
460	months. Immediately upon issuance of a citation involving a
461	violation of subparagraph 5. and until adjudication of such a
462	violation, and after receipt of any judicial disposition other
463	than acquittal or dismissal for such a violation, the person
464	holding the crawfish endorsement listed on the citation is
465	prohibited from transferring any spiny lobster trap
466	certificates.
467	7.  Any certificates for which the annual certificate fee
468	is not paid for a period of 3 years shall be considered
469	abandoned and shall revert to the commission. During any period
470	of trap reduction, any certificates reverting to the commission
471	shall become permanently unavailable and be considered in that
472	amount to be reduced during the next license-year period.
473	Otherwise, any certificates that revert to the commission are to
474	be reallotted in such manner as provided by the commission.
475	8.  The proceeds of all civil penalties collected pursuant
476	to subparagraph 4. and all fines collected pursuant to sub-
477	subparagraph 6.b. shall be deposited into the Marine Resources
478	Conservation Trust Fund.
479	9.  All traps shall be removed from the water during any
480	period of suspension or revocation.
481	Section 5.  Subsections (1), (2), and (3) of section
482	370.143, Florida Statutes, are amended to read:
483	370.143  Retrieval of spiny lobster, crawfish, and stone
484	crab, blue crab, and black sea bass traps during closed season;
485	commission authority; fees.--
486	(1)  The Fish and Wildlife Conservation Commission is
487	authorized to implement a trap retrieval program for retrieval
488	of spiny lobster, crawfish, and stone crab, blue crab, and black
489	sea bass traps remaining in the water during the closed season
490	for each species. The commission is authorized to contract with
491	outside agents for the program operation.
492	(2)  A retrieval fee of $10 per trap retrieved shall be
493	assessed trap owners. However, for each person holding a spiny
494	lobster endorsement, crawfish stamp number or a stone crab
495	endorsement, or a blue crab endorsement issued under rule of the
496	commission, the retrieval fee shall be waived for the first five
497	traps retrieved. Traps recovered under this program shall become
498	the property of the commission or its contract agent, as
499	determined by the commission, and shall be either destroyed or
500	resold to the original owner. Revenue from retrieval fees shall
501	be deposited in the Marine Resources Conservation Trust Fund and
502	used solely for operation of the trap retrieval program.
503	(3)  Payment of all assessed retrieval fees shall be
504	required prior to renewal of the trap owner's saltwater products
505	license and stone crab and or crawfish endorsements. Retrieval
506	fees assessed under this program shall stand in lieu of other
507	penalties imposed for such trap violations.
508	Section 6.  Beginning in the 2006-2007 fiscal year, the sum
509	of $132,000 is appropriated from the Marine Resources
510	Conservation Trust Fund to the Fish and Wildlife Conservation
511	Commission on a recurring basis for the purposes of implementing
512	the blue crab effort management program pursuant to s.
513	370.135(3)(b), Florida Statutes, and providing for the
514	administrative costs of the Blue Crab Advisory Board as created
515	by commission rule.
516	Section 7.  This act shall take effect July 1, 2006.

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