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