Florida Senate - 2016                             CS for SB 1318
       
       
        
       By the Committee on Agriculture; and Senator Dean
       
       575-02898-16                                          20161318c1
    1                        A bill to be entitled                      
    2         An act relating to shellfish harvesting; amending s.
    3         597.010, F.S.; revising provisions directing the
    4         Department of Agriculture and Consumer Services, in
    5         cooperation with the Fish and Wildlife Conservation
    6         Commission and the Department of Environmental
    7         Protection, to protect specified shellfish beds,
    8         grounds, and reefs; defining the terms “dredge or
    9         mechanical harvesting devices” and “shellfish”;
   10         providing for the harvesting of shellfish from
   11         sovereign submerged land leases; providing for the
   12         Board of Trustees of the Internal Improvement Trust
   13         Fund to authorize the use of dredges or mechanical
   14         harvesting devices as special lease conditions of
   15         sovereign submerged land leases; limiting the number
   16         of such dredges or mechanical harvesting devices per
   17         lease; prohibiting certain use and possession of such
   18         dredges or mechanical harvesting devices; providing
   19         penalties; removing provisions relating to shellfish
   20         harvesting seasons and removal of oysters, clams, or
   21         mussels from natural reefs; authorizing the
   22         department, rather than requiring, to designate areas
   23         for the taking of oysters and clams to be planted on
   24         public lands; deleting a provision allowing such
   25         takings to be planted on leases and grants; specifying
   26         that the commission, rather than the department, shall
   27         establish the amount of oysters, clams, and mussels
   28         that may be relayed or transplanted; removing
   29         provisions relating to dredging of dead shells and
   30         oyster culture; making technical changes; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsections (14) and (17) through (25) of
   36  section 597.010, Florida Statutes, are amended to read:
   37         597.010 Shellfish regulation; leases.—
   38         (14) SHELLFISH DEVELOPMENT.—The department, in cooperation
   39  with the Fish and Wildlife Conservation Commission and the
   40  Department of Environmental Protection, shall protect all clam
   41  beds, oyster beds, shellfish grounds, and oyster reefs from
   42  damage or destruction resulting from improper cultivation,
   43  propagation, planting, or harvesting. To this end, the
   44  Department of Health is authorized and directed to cooperate
   45  with the department and to make available its laboratory testing
   46  facilities and apparatus.
   47         (a)The department shall improve, enlarge, and protect the
   48  natural oyster and clam reefs and beds of this state to the
   49  extent it may deem advisable and the means at its disposal will
   50  permit.
   51         (b)The Fish and Wildlife Conservation Commission shall, to
   52  the same extent, assist in protecting shellfish aquaculture
   53  products produced on leased or granted reefs and beds.
   54         (c)The department, in cooperation with the commission,
   55  shall provide the Legislature with recommendations as needed for
   56  the development and the proper protection of the rights of the
   57  state and private holders therein with respect to the oyster and
   58  clam business.
   59         (17) SHELLFISH HARVESTING FROM SOVEREIGN SUBMERGED LAND
   60  LEASES; USE OF DREDGE OR MECHANICAL HARVESTING DEVICE SEASONS;
   61  SPECIAL PROVISIONS RELATING TO APALACHICOLA BAY.—
   62         (a)As used in this subsection, the term:
   63         1.“Dredge or mechanical harvesting device” means a dredge,
   64  scrape, rake, drag, or other device that is towed by a vessel or
   65  self-propelled and that is used to harvest shellfish. The term
   66  does not include handheld or handdrawn hydraulically or
   67  mechanically operated devices used to harvest cultured clams
   68  from leased sovereign submerged lands, and this subsection does
   69  not apply to such handheld or handdrawn devices.
   70         2.“Shellfish” means aquaculture oysters, clams, mussels,
   71  and scallops.
   72         (b)The harvesting of shellfish from a sovereign submerged
   73  land lease may be authorized pursuant to chapter 253.
   74         (c)The Board of Trustees of the Internal Improvement Trust
   75  Fund may authorize the use of a dredge or mechanical harvesting
   76  device as a special lease condition of a sovereign submerged
   77  land lease issued under chapter 253 if:
   78         1.The use of the dredge or mechanical harvesting device
   79  does not adversely impact the public health, safety, and welfare
   80  of adjacent natural resources.
   81         2.The use of the dredge or mechanical harvesting device is
   82  an existing condition of a perpetual shellfish lease issued
   83  pursuant to former chapter 370.
   84         3.Aquaculture best management practices have been adopted
   85  pursuant to chapter 120 which:
   86         a.Describe the approved size and specifications of the
   87  dredge or mechanical harvesting device to be used.
   88         b.Provide conditions for deploying and using an approved
   89  dredge or mechanical harvesting device.
   90         c.Specify requirements for monitoring potential impacts
   91  at, and adjacent to, the sovereign submerged land lease site by
   92  the leaseholder.
   93         (d)Only one dredge or mechanical harvesting device per
   94  lease may be possessed or operated at any time at a lease site.
   95         (e)A dredge or mechanical harvesting device authorized by
   96  this subsection may not be used for taking shellfish for any
   97  purpose from public shellfish beds in waters of the state, and
   98  such dredge or mechanical harvesting device may not be possessed
   99  on the waters of the state from 5 p.m. until sunrise.
  100         (f)This subsection does not authorize the harvesting of
  101  shellfish from natural reefs.
  102  
  103  A violation of this subsection is a violation of the lease
  104  agreement and will result in the revocation of all leases held
  105  by the violator and denial of any future use of sovereign
  106  submerged land.
  107         (a)The Fish and Wildlife Conservation Commission shall by
  108  rule set the noncultured shellfish harvesting seasons in
  109  Apalachicola Bay.
  110         (b)If the commission changes the harvesting seasons by
  111  rule as set forth in this subsection, for 3 years after the new
  112  rule takes effect, the commission, in cooperation with the
  113  department, shall monitor the impacts of the new harvesting
  114  schedule on the bay and on local shellfish harvesters to
  115  determine whether the new harvesting schedule should be
  116  discontinued, retained, or modified. In monitoring the new
  117  schedule and in preparing its report, the following information
  118  shall be considered:
  119         1.Whether the bay benefits ecologically from the new
  120  harvesting schedule.
  121         2.Whether the new harvesting schedule enhances the
  122  enforcement of shellfish harvesting laws in the bay.
  123         3.Whether the new harvesting schedule enhances natural
  124  shellfish production, oyster relay and planting programs, and
  125  shell planting programs in the bay.
  126         4.Whether the new harvesting schedule has more than a
  127  short-term adverse economic impact, if any, on local shellfish
  128  harvesters.
  129         (18)REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL
  130  REEFS; LICENSES, ETC.; PENALTY.—
  131         (a)It is unlawful to use a dredge or any means or
  132  implement other than hand tongs in removing oysters from the
  133  natural or artificial state reefs or beds. This restriction
  134  shall apply to all areas of Apalachicola Bay for all shellfish
  135  harvesting, excluding private grounds leased or granted by the
  136  state prior to July 1, 1989, if the lease or grant specifically
  137  authorizes the use of implements other than hand tongs for
  138  harvesting. Except in Apalachicola Bay, upon the payment of $25
  139  annually, for each vessel or boat using a dredge or machinery in
  140  the gathering of clams or mussels, a special activity license
  141  may be issued by the Fish and Wildlife Conservation Commission
  142  pursuant to subsection (15) or s. 379.361 for such use to such
  143  person.
  144         (b)Approval by the department to harvest shellfish by
  145  dredge or other mechanical means from privately held shellfish
  146  leases or grants in Apalachicola Bay shall include, but not be
  147  limited to, the following conditions:
  148         1.The use of any mechanical harvesting device other than
  149  ordinary hand tongs for taking shellfish for any purpose from
  150  public shellfish beds in Apalachicola Bay shall be unlawful.
  151         2.The possession of any mechanical harvesting device on
  152  the waters of Apalachicola Bay from 5 p.m. until sunrise shall
  153  be unlawful.
  154         3.Leaseholders or grantees shall notify the department no
  155  less than 48 hours prior to each day’s use of a dredge or scrape
  156  in order for the department to notify the Fish and Wildlife
  157  Conservation Commission that a mechanical harvesting device will
  158  be deployed.
  159         4.Only two dredges or scrapes per lease or grant may be
  160  possessed or operated at any time.
  161         5.Each vessel used for the transport or deployment of a
  162  dredge or scrape shall prominently display the lease or grant
  163  number or numbers, in numerals which are at least 12 inches high
  164  and 6 inches wide, in such a manner that the lease or grant
  165  number or numbers are readily identifiable from both the air and
  166  the water.
  167  
  168  Any violation of this paragraph or of any other statutes, rules,
  169  or conditions referenced in the lease agreement shall be
  170  considered a violation of the license and shall result in
  171  revocation of the lease or a denial of use or future use of a
  172  mechanical harvesting device.
  173         (c)Oysters may be harvested from natural or public or
  174  private leased or granted grounds by common hand tongs or by
  175  hand, by scuba diving, free diving, leaning from vessels, or
  176  wading. In Apalachicola Bay, this provision shall apply to all
  177  shellfish.
  178         (18)(19) FISHING FOR RELAYING OR TRANSPLANTING PURPOSES.—
  179         (a) The department may shall designate areas for the taking
  180  of oysters and clams to be planted on leases, grants, and public
  181  areas. Oysters, clams, and mussels may be taken for relaying or
  182  transplanting at any time during the year so long as, in the
  183  opinion of the department, the public health will not be
  184  endangered. The amount of oysters, clams, and mussels to be
  185  obtained for relaying or transplanting shall be established by
  186  the Fish and Wildlife Conservation Commission., The area relayed
  187  or transplanted to, and relaying or transplanting time periods
  188  shall be established in each case by the department.
  189         (b) Application for a special activity license issued
  190  pursuant to subsection (15) for obtaining oysters, clams, or
  191  mussels for relaying from closed public shellfish harvesting
  192  areas to open areas or certified controlled purification plants
  193  or for transplanting sublegal-sized oysters, clams, or mussels
  194  must be made to the department. In return, the department may
  195  assign an area and a period of time for the oysters, clams, or
  196  mussels to be relayed or transplanted to be taken. All relaying
  197  and transplanting operations shall take place under the
  198  direction of the department.
  199         (c) Relayed oysters, clams, or mussels shall not be
  200  subsequently harvested for any reason without written permission
  201  or public notice from the department.
  202         (19)(20) OYSTER AND CLAM REHABILITATION.—The board of
  203  county commissioners of the several counties may appropriate and
  204  expend such sums as it may deem proper for the purpose of
  205  planting or transplanting oysters, clams, oyster shell, clam
  206  shell, or cultch or to perform such other acts for the
  207  enhancement of the oyster and clam industries of the state, out
  208  of any sum in the county treasury not otherwise appropriated.
  209         (21)DREDGING OF DEAD SHELLS PROHIBITED.—The dredging of
  210  dead shell deposits is prohibited in the state.
  211         (20)(22) COOPERATION WITH UNITED STATES FISH AND WILDLIFE
  212  SERVICE.—The department shall cooperate with the United States
  213  Fish and Wildlife Service, under existing federal laws, rules,
  214  and regulations, and is authorized to accept donations, grants,
  215  and matching funds from the Federal Government in order to carry
  216  out its oyster resource and development responsibilities. The
  217  department is further authorized to accept any and all donations
  218  including funds, oysters, or oyster shells.
  219         (21)(23) OYSTER AND CLAM SHELLS PROPERTY OF DEPARTMENT.—
  220         (a) Except for oysters used directly in the half-shell
  221  trade, 50 percent of all shells from oysters and clams shucked
  222  commercially in the state shall be and remain the property of
  223  the department when such shells are needed and required for
  224  rehabilitation projects and planting operations, in cooperation
  225  with the Fish and Wildlife Conservation Commission, when
  226  sufficient resources and facilities exist for handling and
  227  planting such shells shell, and when the collection and handling
  228  of such shells shell is practicable and useful, except that bona
  229  fide holders of leases and grants may retain 75 percent of such
  230  shells shell as they produce for aquacultural purposes. Storage,
  231  transportation, and planting of shells so retained by lessees
  232  and grantees shall be carried out under the conditions of the
  233  lease agreement or with the written approval of the department
  234  and shall be subject to such reasonable time limits as the
  235  department may fix. In the event of an accumulation of an excess
  236  of shells, the department is authorized to sell shells only to
  237  private growers for use in oyster or clam cultivation on bona
  238  fide leases and grants. No profit shall accrue to the department
  239  in these transactions, and shells are to be sold for the
  240  estimated moneys spent by the department to gather and stockpile
  241  the shells. Planting of shells obtained from the department by
  242  purchase shall be subject to the conditions set forth in the
  243  lease agreement or in the written approval as issued by the
  244  department. Any shells not claimed and used by private oyster
  245  cultivators 10 years after shells are gathered and stockpiled
  246  may be sold at auction to the highest bidder for any private
  247  use.
  248         (b) If Whenever the department determines that it is
  249  unfeasible to collect oyster or clam shells, the shells become
  250  the property of the producer.
  251         (c) If Whenever oyster or clam shells are owned by the
  252  department and it is not useful or feasible to use them in the
  253  rehabilitation projects, and if a when no leaseholder has not
  254  exercised his or her option to acquire them, the department may
  255  sell such shells for the highest price obtainable. Such The
  256  shells thus sold may be used in any manner and for any purpose
  257  at the discretion of the purchaser.
  258         (d) Moneys derived from the sale of shell shall be
  259  deposited in the General Inspection Trust Fund for shellfish
  260  programs.
  261         (e) The department may publish notice, in a newspaper
  262  serving the county, of its intention to collect the oyster and
  263  clam shells and shall notify, by certified mail, each shucking
  264  establishment from which shells are to be collected. The notice
  265  shall contain the period of time the department intends to
  266  collect the shells in that county and the collection purpose.
  267         (24)OYSTER CULTURE.—The department, in cooperation with
  268  the Fish and Wildlife Conservation Commission and the Department
  269  of Environmental Protection, shall protect all clam beds, oyster
  270  beds, shellfish grounds, and oyster reefs from damage or
  271  destruction resulting from improper cultivation, propagation,
  272  planting, or harvesting and control the pollution of the waters
  273  over or surrounding beds, grounds, or reefs, and to this end the
  274  Department of Health is authorized and directed to lend its
  275  cooperation to the department, to make available its laboratory
  276  testing facilities and apparatus.
  277         (22)(25) REQUIREMENTS FOR OYSTER OR CLAM VESSELS.—
  278         (a) All vessels used for the harvesting, gathering, or
  279  transporting of oysters or clams for commercial purposes shall
  280  be constructed and maintained to prevent contamination or
  281  deterioration of shellfish. To this end, all such vessels shall
  282  have be provided with false bottoms and bulkheads fore and aft
  283  to prevent onboard shellfish from coming in contact with any
  284  bilge water. No Dogs or other animals are not shall be allowed
  285  at any time on vessels used to harvest or transport shellfish. A
  286  violation of any provision of this subsection will, at a
  287  minimum, shall result in at least the revocation of the
  288  violator’s license.
  289         (b) For the purpose of this subsection, “harvesting,
  290  gathering, or transporting of oysters or clams for commercial
  291  purposes” means to harvest, gather, or transport oysters or
  292  clams with the intent to sell and shall apply to a quantity of
  293  two or more bags of oysters per vessel or more than one 5-gallon
  294  bucket of unshucked hard clams per person or more than two 5
  295  gallon buckets of unshucked hard clams per vessel.
  296         Section 2. This act shall take effect July 1, 2016.
  297