Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2490
                        Barcode 632090
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Environmental Preservation (Argenziano)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 370.135, Florida
19  Statutes, is amended, and subsections (3), (4), and (5) are
20  added to that section, to read:
21         370.135  Blue crab; regulation.--
22         (1)  No person, firm, or corporation shall transport on
23  the water, fish with or cause to be fished with, set, or place
24  any trap designed for taking blue crabs unless such person,
25  firm, or corporation is the holder of a valid saltwater
26  products license issued pursuant to s. 370.06 and the trap has
27  a current state number permanently attached to the buoy. The
28  trap number shall be affixed in legible figures at least 1
29  inch high on each buoy used. The saltwater products license
30  must be on board the boat, and both the license and the crabs
31  shall be subject to inspection at all times. Only one trap
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    9:13 AM   03/27/06                              s2490.ep03.01a

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 number may be issued for each boat by the commission upon 2 receipt of an application on forms prescribed by it. This 3 subsection shall not apply to an individual fishing with no 4 more than five traps. It is a felony of the third degree, 5 punishable as provided in s. 775.082, s. 775.083, or s. 6 775.084, for any person willfully to molest any traps, lines, 7 or buoys, as defined herein, belonging to another without the 8 express written consent of the trap owner. Any person 9 receiving a judicial disposition other than dismissal or 10 acquittal on a charge of willful molestation of a trap, in 11 addition to the penalties specified in s. 370.021, shall lose 12 all saltwater fishing privileges for a period of 24 calendar 13 months. It is unlawful for any person to remove the contents 14 of or take possession of another harvester's trap without the 15 express written consent of the trap owner available for 16 immediate inspection. Unauthorized possession of another's 17 trap gear or removal of trap contents constitutes theft. Any 18 person receiving a judicial disposition other than dismissal 19 or acquittal on a charge of theft of or from a trap pursuant 20 to this section or s. 370.1107 shall, in addition to the 21 penalties specified in s. 370.021 and the provisions of this 22 section, permanently lose all his or her saltwater fishing 23 privileges including his or her saltwater products license and 24 blue crab endorsement. In such cases endorsements, landings 25 history, and trap certificates are nontransferable. In 26 addition, any person, firm, or corporation receiving a 27 judicial disposition other than dismissal or acquittal for 28 violating this subsection or s. 370.1107 shall also be 29 assessed an administrative penalty of up to $5,000. 30 Immediately upon receiving a citation for a violation 31 involving theft of or from a trap and until adjudicated for 2 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 such a violation, or receiving a judicial disposition other 2 than dismissal or acquittal for such a violation, the person, 3 firm, or corporation committing the violation is prohibited 4 from transferring any blue crab endorsements, landings 5 history, or trap certificates. 6 (3)(a) Endorsement fees.-- 7 1. The fee for a hard-shell blue crab endorsement for 8 the taking of hard-shell blue crabs, as authorized by rule of 9 the commission, is $125, $25 of which must be used solely for 10 the trap retrieval program authorized under s. 370.143 and in 11 commission rules. 12 2. The fee for a soft-shell blue crab endorsement for 13 the taking of soft-shell blue crabs, as authorized by rule of 14 the commission, is $250, $25 of which must be used solely for 15 the trap retrieval program authorized under s. 370.143 and in 16 commission rules. 17 3. The fee for a nontransferable hard-shell blue crab 18 endorsement for the taking of hard-shell blue crabs, as 19 authorized by rule of the commission, is $125, $25 of which 20 must be used solely for the trap retrieval program authorized 21 under s. 370.143 and in commission rules. 22 4. The fee for an incidental-take blue crab 23 endorsement for the taking of blue crabs as bycatch in shrimp 24 trawls and stone crab traps, as authorized in commission 25 rules, is $25. 26 (b) Trap tag fees.--The annual fee for each trap tag 27 issued by the commission under the requirements of the blue 28 crab effort management program established by rule of the 29 commission is 50 cents per tag. The fee for replacement tags 30 for lost or damaged tags is 50 cents per tag, plus the cost of 31 shipping. In the event of a major natural disaster, such as a 3 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 hurricane or major storm, that causes massive trap losses in 2 an area declared by the Governor to be a disaster emergency 3 area, the commission is authorized to temporarily defer or 4 permanently waive replacement tag fees. 5 (c) Disposition of fees and fines for civil or 6 criminal penalties.--The fees generated from the sale of blue 7 crab endorsements, trap tags, and replacement trap tags, and 8 fines assessed with civil or criminal penalties authorized 9 under this section, shall be deposited into the Marine 10 Resources Conservation Trust Fund. Not more than 50 percent 11 of the revenue generated by the sale of endorsements and trap 12 tags, and the assessment of fines may be used for the 13 operation and administration of the blue crab effort 14 management program. The remaining 50 percent of revenues 15 generated from the sale of endorsements and trap tags, and the 16 assessment of fines, may be used for trap retrieval, 17 management of the blue crab fishery, and public education 18 activities, research, and enforcement activities in support of 19 the blue crab effort management program. 20 (d) For the 2006-2007 license year, the commission is 21 authorized to waive all fees under this subsection for all 22 persons who qualify by September 30, 2006, to participate in 23 the blue crab effort management program established by 24 commission rule. 25 (4)(a) Untagged trap penalties.--In addition to any 26 other penalties provided in s. 370.021, for any person, firm, 27 or corporation that violates commission rules requiring the 28 placement of trap tags for each trap used for the directed 29 harvest of blue crabs, the following administrative penalties 30 apply: 31 1. For a first violation, the commission shall assess 4 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 an administrative penalty of up to $1,000 and the blue crab 2 endorsement holder's blue crab fishing privileges may be 3 suspended for the remainder of the current license year. 4 2. For a second violation that occurs within 24 months 5 after any previous such violation, the commission shall assess 6 an administrative penalty of up to $2,000 and the blue crab 7 endorsement holder's blue crab fishing privileges may be 8 suspended for 12 calendar months. 9 3. For a third violation that occurs within 36 months 10 after any two previous such violations, the commission shall 11 assess an administrative penalty of up to $5,000 and the blue 12 crab endorsement holder's blue crab fishing privileges may be 13 suspended for 24 calendar months. 14 4. A fourth violation that occurs within 48 months 15 after any three previous such violations shall result in 16 permanent revocation of all of the violator's saltwater 17 fishing privileges, including having the commission proceed 18 against the endorsement holder's saltwater products license in 19 accordance with s. 370.021. 20 21 Any person assessed an administrative penalty under this 22 paragraph shall, within 30 calendar days after notification, 23 pay the administrative penalty to the commission or request an 24 administrative hearing under ss. 120.569 and 120.57. The 25 proceeds of all administrative penalties collected under this 26 paragraph shall be deposited in the Marine Resources 27 Conservation Trust Fund. 28 (b) Trap theft; prohibitions and penalties.--It is 29 unlawful for any person to remove or take possession of the 30 contents of another harvester's blue crab trap without the 31 express written consent of the trap owner, which must be 5 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 available for immediate inspection. Unauthorized possession of 2 another harvester's blue crab trap gear or removal of trap 3 contents constitutes theft. Any person convicted of theft of 4 or from a blue crab trap pursuant to this paragraph shall, in 5 addition to the penalties specified in s. 370.021 and the 6 provisions of this section, permanently lose all of his or her 7 saltwater fishing privileges, including saltwater products 8 licenses, blue crab endorsements, and all blue crab trap tags 9 allotted to him or her by the commission. In such cases, blue 10 crab endorsements are nontransferable. In addition, any 11 person, firm, or corporation convicted of a violation of this 12 paragraph shall also be assessed an administrative penalty of 13 up to $5,000. Immediately upon receiving a citation for a 14 violation involving theft of or from a trap and until 15 adjudicated for such a violation or upon receipt of a judicial 16 disposition other than dismissal or acquittal on such a 17 violation, the violator is prohibited from transferring any 18 blue crab endorsement. 19 (c) Criminal activities.--Any person, firm, or 20 corporation convicted of violating commission rules that 21 prohibit any of the following commits a third degree felony, 22 punishable as provided in s. 775.082, s. 775.083, or s. 23 775.084: 24 1. The willful molestation of any blue crab trap, 25 line, or buoy that is the property of any licenseholder, 26 without the permission of that licenseholder. 27 2. The bartering, trading, leasing, or sale, or 28 conspiring or aiding in such barter, trade, lease, or sale, or 29 supplying, agreeing to supply, aiding in supplying, or giving 30 away blue crab trap tags unless the action is duly authorized 31 by commission rules. 6 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 3. The making, altering, forging, counterfeiting, or 2 reproducing of blue crab trap tags. 3 4. Possession of altered, forged, counterfeit, or 4 imitation blue crab trap tags. 5 5. Possession of original trap tags and replacement 6 trap tags, the sum of which exceeds by 1 percent the number of 7 traps allowed by rule of the commission. 8 6. Engaging in the commercial harvest of blue crabs 9 during the time the licenseholder's blue crab endorsements are 10 under suspension or revocation. 11 12 In addition, any person, firm, or corporation convicted of a 13 violation of this paragraph shall be assessed an 14 administrative penalty of up to $5,000, and all of the blue 15 crab endorsements possessed by the person, firm, or 16 corporation may be suspended for up to 24 calendar months. 17 Immediately upon receiving a citation involving a violation of 18 this paragraph and until adjudicated for such a violation, or 19 if convicted of such a violation, the person, firm, or 20 corporation committing the violation is prohibited from 21 transferring any blue crab endorsements. 22 (d) Endorsement transfers; fraudulent reports; 23 penalties.--For any person, firm, or corporation convicted of 24 fraudulently reporting the actual value of transferred blue 25 crab endorsements, the commission may automatically suspend or 26 permanently revoke the seller's or the purchaser's blue crab 27 endorsements. If the endorsement is permanently revoked, the 28 commission shall also permanently deactivate the endorsement 29 holder's blue crab trap tag accounts. 30 (e) Prohibitions during endorsement suspension and 31 revocation.--During any period of suspension or revocation of 7 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 a blue crab endorsement holder's endorsements, he or she 2 shall, within 15 days after notice provided by the commission, 3 remove from the water all traps subject to that endorsement. 4 Failure to do so shall extend the period of suspension or 5 revocation for an additional 6 calendar months. 6 (5) For purposes of this section, a conviction is any 7 disposition other than acquittal or dismissal. 8 (6) A blue crab endorsement may not be renewed until 9 all fees and administrative penalties imposed under this 10 section are paid. 11 Section 2. For fiscal year 2006-2007, the sum of 12 $132,000 is appropriated from the Marine Resources 13 Conservation Trust Fund to the Fish and Wildlife Conservation 14 Commission for the purpose of implementing the blue crab 15 effort management program pursuant to s. 370.135(3)(b), and 16 administrative costs of the Blue Crab Advisory Board as 17 created by commission rule. 18 Section 3. Paragraphs (b) and (d) of subsection (1) of 19 section 370.13, Florida Statutes, are amended to read: 20 370.13 Stone crab; regulation.-- 21 (1) FEES AND EQUITABLE RENT.-- 22 (b) Certificate fees.-- 23 1. For each trap certificate issued by the commission 24 under the requirements of the stone crab trap limitation 25 program established by commission rule, there is an annual fee 26 of 50 cents per certificate. Replacement tags for lost or 27 damaged tags cost 50 cents each. In the event of a major 28 natural disaster, such as a hurricane or major storm, that 29 causes massive trap losses in an area declared by the Governor 30 to be a disaster emergency area, the commission is authorized 31 to temporarily defer or permanently waive replacement tag 8 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 fees. , except that tags lost in the event of a major natural 2 disaster declared as an emergency disaster by the Governor 3 shall be replaced for the cost of the tag as incurred by the 4 commission. 5 2. The fee for transferring trap certificates is $1 6 per certificate transferred, except that the fee for eligible 7 crew members is 50 cents per certificate transferred. Eligible 8 crew members shall be determined according to criteria 9 established by rule of the commission. Payment must be made by 10 money order or cashier's check, submitted with the certificate 11 transfer form developed by the commission. 12 3. In addition to the transfer fee, a surcharge of $1 13 per certificate transferred, or 25 percent of the actual value 14 of the transferred certificate, whichever is greater, will be 15 assessed the first time a certificate is transferred outside 16 the original holder's immediate family. 17 4. Transfer fees and surcharges only apply to the 18 actual number of certificates received by the purchaser. A 19 transfer of a certificate is not effective until the 20 commission receives a notarized copy of the bill of sale as 21 proof of the actual value of the transferred certificate or 22 certificates, which must also be submitted with the transfer 23 form and payment. 24 5. A transfer fee will not be assessed or required 25 when the transfer is within a family as a result of the death 26 or disability of the certificate owner. A surcharge will not 27 be assessed for any transfer within an individual's immediate 28 family. 29 6. The fees and surcharge amounts in this paragraph 30 apply in the 2005-2006 license year and subsequent years. 31 (d) Equitable rent.--The commission may establish by 9 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 rule an amount of equitable rent per trap certificate that may 2 be recovered as partial compensation to the state for the 3 enhanced access to its natural resources. In determining 4 whether to establish such a rent and the amount thereof, the 5 commission may consider the amount of revenues annually 6 generated by endorsement fees, trap certificate fees, transfer 7 fees, surcharges, replacement trap tag fees, trap retrieval 8 fees, incidental take endorsement fees, and the continued 9 economic viability of the commercial stone crab industry. 10 Final approval of such a rule shall be by the Governor and 11 Cabinet sitting as the Board of Trustees of the Internal 12 Improvement Trust Fund. 13 Section 4. Paragraph (b) and (c) of subsection (2) of 14 section 370.142, Florida Statutes, are amended to read: 15 370.142 Spiny lobster trap certificate program.-- 16 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES; 17 PENALTIES.--The Fish and Wildlife Conservation Commission 18 shall establish a trap certificate program for the spiny 19 lobster fishery of this state and shall be responsible for its 20 administration and enforcement as follows: 21 (b) Trap tags.--Each trap used to take or attempt to 22 take spiny lobsters in state waters or adjacent federal waters 23 shall, in addition to the crawfish trap number required by s. 24 370.14(2), have affixed thereto an annual trap tag issued by 25 the commission. Each such tag shall be made of durable plastic 26 or similar material and shall, based on the number of 27 certificates held, have stamped thereon the owner's license 28 number. To facilitate enforcement and recordkeeping, such tags 29 shall be issued each year in a color different from that of 30 each of the previous 3 years. The annual certificate fee shall 31 be $1 per certificate. Replacement tags for lost or damaged 10 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 tags may be obtained as provided by rule of the commission. In 2 the event of a major natural disaster, such as a hurricane or 3 major storm, that causes massive trap losses in an area 4 declared by the Governor to be a disaster emergency area, the 5 commission is authorized to temporarily defer or permanently 6 waive replacement tag fees. 7 (c) Prohibitions; penalties.-- 8 1. It is unlawful for a person to possess or use a 9 spiny lobster trap in or on state waters or adjacent federal 10 waters without having affixed thereto the trap tag required by 11 this section. It is unlawful for a person to possess or use 12 any other gear or device designed to attract and enclose or 13 otherwise aid in the taking of spiny lobster by trapping that 14 is not a trap as defined in rule 68B-24.006(2), Florida 15 Administrative Code. 16 2. It is unlawful for a person to possess or use spiny 17 lobster trap tags without having the necessary number of 18 certificates on record as required by this section. 19 3. It is unlawful for any person to willfully molest, 20 take possession of, or remove the contents of another 21 harvester's trap without the express written consent of the 22 trap owner available for immediate inspection. Unauthorized 23 possession of another's trap gear or removal of trap contents 24 constitutes theft. 25 a. Any person receiving a judicial disposition other 26 than dismissal or acquittal on a charge of theft of or from a 27 trap pursuant to this subparagraph or s. 370.1107 shall, in 28 addition to the penalties specified in ss. 370.021 and 370.14 29 and the provisions of this section, permanently lose all his 30 or her saltwater fishing privileges, including his or her 31 saltwater products license, crawfish endorsement, and all trap 11 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 certificates allotted to him or her through this program. In 2 such cases, trap certificates and endorsements are 3 nontransferable. 4 b. Any person receiving a judicial disposition other 5 than dismissal or acquittal on a charge of willful molestation 6 of a trap, in addition to the penalties specified in ss. 7 370.021 and 370.14, shall lose all saltwater fishing 8 privileges for a period of 24 calendar months. 9 c. In addition, any person, firm, or corporation 10 charged with violating this paragraph and receiving a judicial 11 disposition other than dismissal or acquittal for violating 12 this subparagraph or s. 370.1107 shall also be assessed an 13 administrative penalty of up to $5,000. 14 15 Immediately upon receiving a citation for a violation 16 involving theft of or from a trap, or molestation of a trap, 17 and until adjudicated for such a violation or, upon receipt of 18 a judicial disposition other than dismissal or acquittal of 19 such a violation, the person, firm, or corporation committing 20 the violation is prohibited from transferring any crawfish 21 trap certificates and endorsements. 22 4. In addition to any other penalties provided in s. 23 370.021, a commercial harvester, as defined by commission rule 24 68B-24.002(1), Florida Administrative Code, who violates the 25 provisions of this section, or the provisions relating to 26 spiny lobster traps established by commission rule of chapter 27 68B-24, Florida Administrative Code, shall be punished as 28 follows: 29 a. If the first violation is for violation of 30 subparagraph 1. or subparagraph 2., the commission shall 31 assess an additional administrative civil penalty of up to 12 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 $1,000 and the crawfish trap number issued pursuant to s. 2 370.14(2) or (6) may be suspended for the remainder of the 3 current license year. For all other first violations, the 4 commission shall assess an additional administrative civil 5 penalty of up to $500. 6 b. For a second violation of subparagraph 1. or 7 subparagraph 2. which occurs within 24 months of any previous 8 such violation, the commission shall assess an additional 9 administrative civil penalty of up to $2,000 and the crawfish 10 trap number issued pursuant to s. 370.14(2) or (6) may be 11 suspended for the remainder of the current license year. 12 c. For a third or subsequent violation of subparagraph 13 1., subparagraph 2., or subparagraph 3. which occurs within 36 14 months of any previous two such violations, the commission 15 shall assess an additional administrative civil penalty of up 16 to $5,000 and may suspend the crawfish trap number issued 17 pursuant to s. 370.14(2) or (6) for a period of up to 24 18 months or may revoke the crawfish trap number and, if revoking 19 the crawfish trap number, may also proceed against the 20 licenseholder's saltwater products license in accordance with 21 the provisions of s. 370.021(2)(h). 22 d. Any person assessed an additional administrative 23 civil penalty pursuant to this section shall within 30 24 calendar days after notification: 25 (I) Pay the administrative civil penalty to the 26 commission; or 27 (II) Request an administrative hearing pursuant to the 28 provisions of s. 120.60. 29 e. The commission shall suspend the crawfish trap 30 number issued pursuant to s. 370.14(2) or (6) for any person 31 failing to comply with the provisions of sub-subparagraph d. 13 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 5.a. It is unlawful for any person to make, alter, 2 forge, counterfeit, or reproduce a spiny lobster trap tag or 3 certificate. 4 b. It is unlawful for any person to knowingly have in 5 his or her possession a forged, counterfeit, or imitation 6 spiny lobster trap tag or certificate. 7 c. It is unlawful for any person to barter, trade, 8 sell, supply, agree to supply, aid in supplying, or give away 9 a spiny lobster trap tag or certificate or to conspire to 10 barter, trade, sell, supply, aid in supplying, or give away a 11 spiny lobster trap tag or certificate unless such action is 12 duly authorized by the commission as provided in this chapter 13 or in the rules of the commission. 14 6.a. Any person who violates the provisions of 15 subparagraph 5., or any person who engages in the commercial 16 harvest, trapping, or possession of spiny lobster without a 17 crawfish trap number as required by s. 370.14(2) or (6) or 18 during any period while such crawfish trap number is under 19 suspension or revocation, commits a felony of the third 20 degree, punishable as provided in s. 775.082, s. 775.083, or 21 s. 775.084. 22 b. In addition to any penalty imposed pursuant to 23 sub-subparagraph a., the commission shall levy a fine of up to 24 twice the amount of the appropriate surcharge to be paid on 25 the fair market value of the transferred certificates, as 26 provided in subparagraph (a)1., on any person who violates the 27 provisions of sub-subparagraph 5.c. 28 c. In addition to any penalty imposed pursuant to 29 sub-subparagraph a., any person receiving any judicial 30 disposition other than acquittal or dismissal for a violation 31 of subparagraph 5. shall be assessed an administrative penalty 14 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 of up to $5,000, and the crawfish endorsement under which the 2 violation was committed may be suspended for up to 24 calendar 3 months. Immediately upon issuance of a citation involving a 4 violation of subparagraph 5. and until adjudication of such a 5 violation, and after receipt of any judicial disposition other 6 than acquittal or dismissal for such a violation, the person 7 holding the crawfish endorsement listed on the citation is 8 prohibited from transferring any spiny lobster trap 9 certificates. 10 7. Any certificates for which the annual certificate 11 fee is not paid for a period of 3 years shall be considered 12 abandoned and shall revert to the commission. During any 13 period of trap reduction, any certificates reverting to the 14 commission shall become permanently unavailable and be 15 considered in that amount to be reduced during the next 16 license-year period. Otherwise, any certificates that revert 17 to the commission are to be reallotted in such manner as 18 provided by the commission. 19 8. The proceeds of all administrative civil penalties 20 collected pursuant to subparagraph 4. and all fines collected 21 pursuant to sub-subparagraph 6.b. shall be deposited into the 22 Marine Resources Conservation Trust Fund. 23 9. All traps shall be removed from the water during 24 any period of suspension or revocation. 25 Section 5. Section 370.143, Florida Statutes, is 26 amended to read: 27 370.143 Retrieval of spiny lobster, crawfish, and 28 stone crab, blue crab, and black sea bass traps during closed 29 season; commission authority; fees.-- 30 (1) The Fish and Wildlife Conservation Commission is 31 authorized to implement a trap retrieval program for retrieval 15 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 of spiny lobster, crawfish, and stone crab, blue crab, and 2 black sea bass traps remaining in the water during the closed 3 season for each species. The commission is authorized to 4 contract with outside agents for the program operation. 5 (2) A retrieval fee of $10 per trap retrieved shall be 6 assessed trap owners. However, for each person holding a spiny 7 lobster endorsement, crawfish stamp number or a stone crab 8 endorsement, or a blue crab endorsement issued under rule of 9 the commission, the retrieval fee shall be waived for the 10 first five traps retrieved. Traps recovered under this program 11 shall become the property of the commission or its contract 12 agent, as determined by the commission, and shall be either 13 destroyed or resold to the original owner. Revenue from 14 retrieval fees shall be deposited in the Marine Resources 15 Conservation Trust Fund and used solely for operation of the 16 trap retrieval program. 17 (3) Payment of all assessed retrieval fees shall be 18 required prior to renewal of the trap owner's saltwater 19 products license and stone crab and or crawfish endorsements. 20 Retrieval fees assessed under this program shall stand in lieu 21 of other penalties imposed for such trap violations. 22 (4) In the event of a major natural disaster in an 23 area declared by the Governor to be a disaster emergency area, 24 such as a hurricane or major storm causing massive trap 25 losses, the commission shall waive the trap retrieval fee. 26 Section 6. Paragraph (j) is added to subsection (1) of 27 section 370.0603, Florida Statutes, and paragraphs (c) and (d) 28 of subsection (2) of that section are amended to read: 29 370.0603 Marine Resources Conservation Trust Fund; 30 purposes.-- 31 (1) The Marine Resources Conservation Trust Fund 16 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 within the Fish and Wildlife Conservation Commission shall 2 serve as a broad-based depository for funds from various 3 marine-related and boating-related activities and shall be 4 administered by the commission for the purposes of: 5 (j) Funding for the stone crab trap reduction program 6 under s. 370.13, the blue crab effort management program under 7 s. 370.135, and the spiny lobster trap certificate program 8 under s. 370.142. 9 (2) The Marine Resources Conservation Trust Fund shall 10 receive the proceeds from: 11 (c) All fees collected pursuant to ss. 370.063, 12 370.13, 370.135, 370.142, and 372.5704. 13 (d) All fines and penalties pursuant to ss. 370.021 14 370.13, 370.135, and 370.142. 15 Section 7. This act shall take effect July 1, 2006. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to saltwater fisheries; 25 amending s. 370.135, F.S.; establishing certain 26 endorsement fees for the taking of blue crabs; 27 establishing an annual trap tag fee; 28 authorizing the Fish and Wildlife Conservation 29 Commission to waive endorsement and trap tag 30 fees for a one-year period; authorizing the 31 waiver of blue crap trap replacement tag fees 17 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 under certain conditions; requiring the deposit 2 of certain proceeds into the Marine Resources 3 Conservation Trust Fund; specifying the use of 4 such proceeds; providing administrative 5 penalties for certain violations; prohibiting 6 the unauthorized possession of blue crab trap 7 gear or removal of blue crab trap contents and 8 providing penalties therefor; providing 9 penalties for certain other prohibited 10 activities relating to blue crab traps, lines, 11 buoys, and trap tags; providing penalties for 12 fraudulent reports related to endorsement 13 transfers; prohibiting certain activities 14 during endorsement suspension and revocation; 15 preserving state jurisdiction for certain 16 convictions; providing requirements for certain 17 license renewal; appropriating certain fee 18 revenues to the commission for blue crab effort 19 management program costs; amending s. 370.13, 20 F.S.; deleting authorization for the 21 establishment of equitable rent; authorizing 22 the waiver of stone crab trap replacement tag 23 fees under certain conditions; amending s. 24 370.142, F.S.; providing administrative 25 penalties for certain violations of the spiny 26 lobster trap certificate program; authorizing 27 the waiver of spiny lobster trap replacement 28 tag fees under certain conditions; amending s. 29 370.143, F.S.; revising provisions for certain 30 trap retrieval programs and fees; amending s. 31 370.0603, F.S.; authorizing certain funds to be 18 9:13 AM 03/27/06 s2490.ep03.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2490 Barcode 632090 1 deposited into the Marine Resources 2 Conservation Trust Fund; providing purposes for 3 which funds may be used; providing an effective 4 date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19 9:13 AM 03/27/06 s2490.ep03.01a