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.