Florida Senate - 2016 SB 1318
By Senator Dean
5-00862A-16 20161318__
1 A bill to be entitled
2 An act relating to shellfish regulations; amending s.
3 597.010, F.S.; defining terms; deleting a prohibition
4 against the harvesting by means other than hand tongs
5 of oysters from natural or artificial state reefs or
6 beds and of all shell fish in certain areas of
7 Apalachicola Bay; authorizing the Board of Trustees of
8 the Internal Improvement Trust Fund to allow the use
9 of a mechanical harvesting device to harvest shellfish
10 under aquaculture lease agreements in certain
11 circumstances; deleting conditions that apply to
12 approval by the department of certain harvesting of
13 shellfish in certain areas; authorizing conditions for
14 certain aquaculture lease agreements; authorizing
15 lessees or grantees who hold current aquaculture
16 leases to request modifications to their leases to
17 allow mechanical harvesting; authorizing the Board of
18 Trustees of the Internal Improvement Trust Fund to
19 approve the use of a mechanical harvesting device in
20 removing oysters and clams from shellfish leases;
21 revising penalties for violations; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (18) of section 597.010, Florida
27 Statutes, is amended to read:
28 597.010 Shellfish regulation; leases.—
29 (18) HARVESTING SHELLFISH REMOVING OYSTERS, CLAMS, OR
30 MUSSELS FROM AQUACULTURE LEASES NATURAL REEFS; LICENSES, ETC.;
31 PENALTY.—
32 (a) As used in this subsection, the term:
33 1. “Aquaculture lease” means the sovereignty submerged land
34 leases authorized by the Board of Trustees of the Internal
35 Improvement Trust Fund pursuant to ss. 253.67-253.75.
36 2. “Shellfish” means oysters, clams, mussels, and scallops.
37 3. “Shellfish lease” means oyster and clam leases that were
38 authorized in perpetuity before July 1, 1989, pursuant to former
39 chapter 370. It is unlawful to use a dredge or any means or
40 implement other than hand tongs in removing oysters from the
41 natural or artificial state reefs or beds. This restriction
42 shall apply to all areas of Apalachicola Bay for all shellfish
43 harvesting, excluding private grounds leased or granted by the
44 state prior to July 1, 1989, if the lease or grant specifically
45 authorizes the use of implements other than hand tongs for
46 harvesting. Except in Apalachicola Bay, upon the payment of $25
47 annually, for each vessel or boat using a dredge or machinery in
48 the gathering of clams or mussels, a special activity license
49 may be issued by the Fish and Wildlife Conservation Commission
50 pursuant to subsection (15) or s. 379.361 for such use to such
51 person.
52 (b) The Board of Trustees of the Internal Improvement Trust
53 Fund may authorize the use of mechanical harvesting devices to
54 harvest shellfish from aquaculture leases when the public
55 health, public safety, and natural resources are not adversely
56 impacted. Approval by the department to harvest shellfish by
57 dredge or other mechanical means from privately held shellfish
58 leases or grants in Apalachicola Bay shall include, but not be
59 limited to, the following conditions:
60 1. The use of any mechanical harvesting device other than
61 ordinary hand tongs for taking shellfish for any purpose from
62 public shellfish beds in Apalachicola Bay shall be unlawful.
63 2. The possession of any mechanical harvesting device on
64 the waters of Apalachicola Bay from 5 p.m. until sunrise shall
65 be unlawful.
66 3. Leaseholders or grantees shall notify the department no
67 less than 48 hours prior to each day’s use of a dredge or scrape
68 in order for the department to notify the Fish and Wildlife
69 Conservation Commission that a mechanical harvesting device will
70 be deployed.
71 4. Only two dredges or scrapes per lease or grant may be
72 possessed or operated at any time.
73 5. Each vessel used for the transport or deployment of a
74 dredge or scrape shall prominently display the lease or grant
75 number or numbers, in numerals which are at least 12 inches high
76 and 6 inches wide, in such a manner that the lease or grant
77 number or numbers are readily identifiable from both the air and
78 the water.
79 (c) Authorization to use mechanical harvesting devices may
80 be included in the aquaculture lease agreement, and conditions
81 for deploying and using a mechanical harvesting device to
82 harvest shellfish may be provided as a special lease condition
83 pursuant to s. 253.71(7). Special lease conditions for use of
84 mechanical harvesting devices granted under this subsection and
85 pursuant to s. 253.71(7) may include, but are not limited to:
86 1. The types or descriptions of the authorized mechanical
87 harvesting devices;
88 2. The conditions for deploying and using the authorized
89 mechanical harvesting devices;
90 3. The identification of the shellfish to be harvested; and
91 4. The guidelines and best management practices to be
92 followed by the lessee.
93 (d) Lessees or grantees who hold valid aquaculture leases
94 may request modifications of their lease agreements to include
95 special lease conditions for using mechanical harvesting
96 devices. Requests to use mechanical harvesting devices must be
97 submitted in writing to the department.
98 (e) The Board of Trustees of the Internal Improvement Trust
99 Fund may approve the use of mechanical harvesting devices to
100 harvest oysters and clams from shellfish leases. Leaseholders or
101 grantees of valid shellfish leases whose lease agreements or
102 grants do not specifically authorize the use of mechanical
103 harvesting devices may request authorization to use mechanical
104 harvesting devices. Requests to use mechanical harvesting
105 devices must be submitted in writing to the department.
106 (f) Any violation of this subsection paragraph or of any
107 other statutes, rules, or conditions referenced in the
108 aquaculture lease agreement or in the shellfish lease agreement
109 is shall be considered a violation of the license and will shall
110 result in revocation of the lease or a denial of use or future
111 use of a mechanical harvesting device.
112 (c) Oysters may be harvested from natural or public or
113 private leased or granted grounds by common hand tongs or by
114 hand, by scuba diving, free diving, leaning from vessels, or
115 wading. In Apalachicola Bay, this provision shall apply to all
116 shellfish.
117 Section 2. This act shall take effect July 1, 2016.