Senate Bill 2146
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    Florida Senate - 1999                                  SB 2146
    By Senator Bronson
    18-1024A-99                                             See HB
  1                      A bill to be entitled
  2         An act relating to stone crabs; amending s.
  3         370.13, F.S.; providing for the display of
  4         endorsements for the taking of stone crabs on
  5         vessels; providing a fee for a stone crab
  6         endorsement on a saltwater products license;
  7         providing for the disposition of fees; creating
  8         s. 370.1322, F.S.; providing for a stone crab
  9         trap certificate program; providing legislative
10         intent; providing for transferable trap
11         certificates, trap tags, and fees; providing
12         prohibitions and penalties; providing for trap
13         reduction; providing for stone crab trap
14         certificate technical, advisory, and appeals
15         boards; providing powers and duties; providing
16         for the disposition of fees; providing for
17         rulemaking authority; providing an effective
18         date.
19
20  Be It Enacted by the Legislature of the State of Florida:
21
22         Section 1.  Paragraph (a) of subsection (5) of section
23  370.13, Florida Statutes, 1998 Supplement, is amended, and
24  subsection (8) is added to that section, to read:
25         370.13  Stone crab; regulation.--
26         (5)(a)  Effective July 1, 1995, and until July 1, 2000,
27  no stone crab trap numbers issued pursuant to rule
28  46-13.002(2)(e), Florida Administrative Code, except those
29  numbers that are active during the 1994-1995 fiscal year,
30  shall be renewed or replaced. The fee for a stone crab
31  endorsement for the taking of stone crabs as set forth in this
                                  1
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1  paragraph shall be $100, which shall be used by the department
  2  for administration, management, and research costs related to
  3  stone crabs.
  4         (8)  With respect to the stone crab trap certificate
  5  program, as set forth in s. 370.1322, more than one
  6  endorsement for the taking of stone crabs may be displayed on
  7  one vessel and more than one vessel may display the same
  8  endorsement.
  9         Section 2.  Section 370.1322, Florida Statutes, is
10  created to read:
11         370.1322  Stone crab trap certificate program.--
12         (1)  INTENT.--Due to rapid growth, the stone crab
13  fishery is experiencing increased congestion and conflict on
14  the water, a declining yield per trap, and public concern over
15  debris pollution from existing traps. In an effort to solve
16  these and related problems, the Legislature intends to develop
17  pursuant to the provisions of this section a stone crab trap
18  certificate program the principal goal of which is to
19  stabilize the fishery by reducing the total number of traps,
20  which should increase the yield per trap and therefore
21  maintain or increase overall catch levels.  Under the
22  passive-trap-reduction program a reduction in traps will occur
23  at the time of sale or transfer of traps. The Legislature
24  seeks to preserve as much flexibility in the program as
25  possible for the fishery's various constituents.
26         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
27  PENALTIES.--The Department of Environmental Protection shall
28  establish a trap certificate program for the stone crab
29  fishery of this state and shall be responsible for its
30  administration and enforcement as follows:
31
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1         (a)  Transferable trap certificates.--Each holder of a
  2  saltwater products license who uses traps for taking or
  3  attempting to take stone crabs shall be required to have a
  4  certificate on record for each trap possessed or used
  5  therefor, except as otherwise provided in this section.
  6         1.  The department shall initially allot such
  7  certificates to each licenseholder with a current stone crab
  8  trap number who uses traps.  Anyone who holds a current stone
  9  crab endorsement on his or her saltwater products license for
10  the 1998-1999 license year is eligible for a certificate.  In
11  addition, in order to be eligible the applicant must show
12  that, pursuant to trip ticket records generated under the
13  provisions of s. 370.06(2)(a), he or she had at least 300
14  pounds of stone crab landings during one of the five 1-year
15  license periods between July 1993 through June 1998.  The
16  number of certificates and trap tags issued shall be the
17  greater of the number of traps listed on the saltwater
18  products license application for either license year 1997-1998
19  or 1996-1997, provided that landings must reflect at least 2
20  pounds of landings per trap.  However, certificates may only
21  be issued to individuals; therefore, all licenseholders other
22  than individual licenseholders shall designate the individual
23  or individuals to whom their certificates will be allotted and
24  the number thereof to each, if more than one. After initial
25  issuance, trap certificates are transferable on a market basis
26  and may be transferred from one licenseholder to another for a
27  fair market value agreed upon between the transferor and
28  transferee. Upon the sale or transfer of certificates, the
29  department shall reduce the number of certificates by 10
30  percent upon each sale or transfer outside the immediate
31  family of the certificateholder. Each such transfer shall,
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1  within 72 hours thereof, be recorded on a notarized form
  2  provided for that purpose by the department and hand delivered
  3  or sent by certified mail, return receipt requested, to the
  4  department for recordkeeping purposes. In addition, in order
  5  to cover the added administrative costs of the program and to
  6  recover an equitable natural resource rent for the people of
  7  the state, a transfer fee of $2 per certificate transferred
  8  shall be assessed against the purchasing licenseholder and
  9  sent by money order or cashier's check with the certificate
10  transfer form. Also, in addition to the transfer fee, a
11  surcharge of $2 per certificate transferred or 25 percent of
12  the actual market value, whichever is greater, given to the
13  transferor shall be assessed the first time a certificate is
14  transferred outside the original transferor's immediate
15  family. No transfer of a certificate shall be effective until
16  the department receives the notarized transfer form and the
17  transfer fee, including any surcharge, is paid. The department
18  may establish by rule an amount of equitable rent per trap
19  certificate that shall be recovered as partial compensation to
20  the state for the enhanced access to its natural resources. In
21  determining whether to establish such a rent and, if so, the
22  amount thereof, the department shall consider the amount of
23  revenues annually generated by certificate fees, transfer
24  fees, surcharges, trap license fees, and sales taxes; the
25  demonstrated fair market value of transferred certificates;
26  and the continued economic viability of the commercial stone
27  crab industry. Final approval of such a rule shall be by the
28  Governor and Cabinet sitting as the Board of Trustees of the
29  Internal Improvement Trust Fund. The proceeds of equitable
30  rent recovered shall be deposited in the Marine Resources
31  Conservation Trust Fund and used for research, management, and
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1  protection of the stone crab fishery and habitat. No transfer
  2  fee shall be assessed or required when the transfer is within
  3  a family as a result of the death or disability of the
  4  certificate owner.
  5         2.  No person, firm, corporation, or other business
  6  entity may control, directly or indirectly, more than 1.0
  7  percent of the total available certificates in any license
  8  year.
  9         3.  The department shall maintain records of all
10  certificates and their transfers and shall annually provide
11  each licenseholder with a statement of certificates held.
12         4.  The number of trap tags issued annually to each
13  licenseholder shall not exceed the number of certificates held
14  by the licenseholder at the time of issuance, and such tags
15  and a statement of certificates held shall be issued
16  simultaneously.
17         5.  It is unlawful for any person to lease stone crab
18  trap tags or certificates.
19         6.  Any person who holds a crawfish or blue crab
20  endorsement on his or her saltwater products license is
21  eligible to purchase a stone crab by-catch product endorsement
22  pursuant to rules of the department.  This endorsement shall
23  be limited to a daily trip limit of 5 gallons of stone crab
24  claws per day.  The fee for the endorsement shall be $25.
25  Current stone crab endorsement holders who do not qualify for
26  certificates may either keep their current endorsement or
27  apply for a by-catch endorsement.
28         (b)  Trap tags.--Each trap used to take or attempt to
29  take stone crabs in state waters or adjacent federal waters
30  shall, in addition to the stone crab trap number, have affixed
31  thereto an annual trap tag issued by the department. Each such
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1  tag shall be made of durable plastic or similar material and
  2  shall, beginning with those tags issued for the 2000-2001
  3  season based on the number of certificates held, have stamped
  4  thereon the owner's license number. To facilitate enforcement
  5  and recordkeeping, such tags shall be issued each year in a
  6  color different from that of each of the previous 3 years. A
  7  fee of 50 cents per tag issued other than on the basis of a
  8  certificate held shall be assessed.  In order to recover
  9  administrative costs of the tags and the certificate program,
10  the annual certificate fee shall be 50 cents per certificate.
11  Replacement tags for lost or damaged tags may be obtained as
12  provided by rule of the department.
13         (c)  Endorsement transferable.--After initial issuance,
14  endorsements are transferable on a market basis and may be
15  transferred for fair market value agreed upon between the
16  transferor and transferee.
17         (d)  Prohibitions; penalties.--
18         1.  It is unlawful for a person to possess or use more
19  than 5 stone crab traps in or on state waters or adjacent
20  federal waters without having affixed thereto the trap tag
21  required by this section.  It is unlawful for a person to
22  possess or use any other gear or device designed to attract
23  and enclose or otherwise aid in the taking of stone crab by
24  trapping which gear or device is not a trap.
25         2.  It is unlawful for a person to possess or use stone
26  crab trap tags without having the necessary number of
27  certificates on record as required by this section.
28         3.  It is unlawful for any person to rob the contents
29  of another harvester's trap. Any person convicted of trap
30  robbing shall, in addition to the penalties specified in s.
31  370.021 and the provisions of this section, permanently lose
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1  his or her saltwater products license, stone crab endorsement,
  2  and all trap certificates alloted to him or her through this
  3  program. In such cases, trap certificates and endorsements are
  4  nontransferable.
  5         4.  In addition to any other penalties provided in s.
  6  370.021, a commercial stone crab harvester who violates the
  7  provisions of this section or the provisions relating to stone
  8  crab traps shall be punished as follows:
  9         a.  If the first violation is for violation of
10  subparagraph 1. or subparagraph 2., the department shall
11  assess an additional civil penalty of up to $1,000, and the
12  stone crab trap number issued may be suspended for the
13  remainder of the current license year. For all other first
14  violations, the department shall assess an additional civil
15  penalty of up to $500.
16         b.  For a second violation of subparagraph 1. or
17  subparagraph 2. which occurs within 24 months of any previous
18  such violation, the department shall assess an additional
19  civil penalty of up to $2,000, and the stone crab trap number
20  may be suspended for the remainder of the current license
21  year.
22         c.  For a third or subsequent violation of subparagraph
23  1. or subparagraph 2. which occurs within 36 months of any
24  previous two such violations, the department shall assess an
25  additional civil penalty of up to $5,000 and may suspend the
26  stone crab trap number for a period of up to 24 months or may
27  revoke the stone crab trap number and, if revoking the stone
28  crab trap number, may also proceed against the licenseholder's
29  saltwater products license in accordance with the provisions
30  of s. 370.021.
31
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1         d.  For a fourth violation of subparagraph 1. or
  2  subparagraph 2. which occurs within 48 months of any three
  3  such violations, the department shall permanently revoke the
  4  violator's saltwater fishing privileges, and shall also
  5  proceed against the licenseholder's saltwater products license
  6  in accordance with s. 370.021.
  7         e.  Any person assessed an additional civil penalty
  8  pursuant to this section shall within 30 calendar days after
  9  notification:
10         (I)  Pay the civil penalty to the department; or
11         (II)  Request an administrative hearing pursuant to the
12  provisions of s. 120.60.
13         f.  The department shall suspend the stone crab trap
14  number for any person failing to comply with the provisions of
15  sub-subparagraph e.
16         5.a.  It is unlawful for any person to make, alter,
17  forge, counterfeit, or reproduce a stone crab trap tag or
18  certificate.
19         b.  It is unlawful for any person to knowingly have in
20  his or her possession a forged, counterfeit, or imitation
21  stone crab trap tag or certificate.
22         c.  It is unlawful for any person to barter, trade,
23  sell, supply, agree to supply, aid in supplying, or give away
24  a stone crab trap tag or certificate or to conspire to barter,
25  trade, sell, supply, aid in supplying, or give away a stone
26  crab trap tag or certificate unless such action is duly
27  authorized by the department as provided in this chapter or in
28  the rules of the department.
29         6.a.  Any person who violates the provisions of
30  subparagraph 5., or any person who engages in the commercial
31  harvest, trapping, or possession of stone crabs without a
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1  stone crab trap number or during any period while such stone
  2  crab trap number is under suspension or revocation, commits a
  3  felony of the third degree, punishable as provided in s.
  4  775.082, s. 775.083, or s. 775.084.
  5         b.  In addition to any penalty imposed pursuant to
  6  sub-subparagraph a., the department shall levy a fine of up to
  7  twice the amount of the appropriate surcharge to be paid on
  8  the fair market value of the transferred certificates, as
  9  provided in subparagraph (a)1., on any person who violates the
10  provisions of sub-subparagraph 5.c.
11         7.  Any certificates for which the annual certificate
12  fee is not paid for a period of 3 consecutive years shall be
13  considered abandoned and shall revert to the department.
14  During any period of trap reduction, any certificates
15  reverting to the department shall become permanently
16  unavailable. Otherwise, any certificates that revert to the
17  department are to be reallotted in such manner as provided by
18  the department.
19         8.  The proceeds of all civil penalties collected
20  pursuant to subparagraph 4. and all fines collected pursuant
21  to sub-subparagraph 6.b. shall be deposited into the Marine
22  Resources Conservation Trust Fund.
23         9.  All traps shall be removed from the water during
24  any period of suspension or revocation.
25         (e)  No vested rights.--The trap certificate program
26  shall not create vested rights in licenseholders whatsoever
27  and may be altered or terminated as necessary to protect the
28  stone crab resource, the participants in the fishery, or the
29  public interest.
30         (3)  PASSIVE TRAP REDUCTION.--The objective of the
31  overall trap certificate program is to reduce the number of
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1  traps used in the stone crab fishery to the lowest number that
  2  will maintain or increase overall catch levels, promote
  3  economic efficiency in the fishery, and conserve natural
  4  resources.  Therefore, the Marine Fisheries Commission shall
  5  set an overall trap reduction goal based on maintaining or
  6  maximizing a sustained harvest from the stone crab fishery.
  7         (4)  STONE CRAB TRAP CERTIFICATE TECHNICAL ADVISORY AND
  8  APPEALS BOARDS.--There are hereby established the regional
  9  stone crab trap certificate technical advisory and appeals
10  boards.  Such boards shall consider and advise the department
11  on disputes and other problems arising from the implementation
12  of the stone crab trap certificate program.  The boards may
13  also provide information to the department on the operation of
14  the trap certificate program.  Regional board number one shall
15  consist of the area of Pasco County north to the Alabama State
16  line.  Regional board number two shall consist of the area of
17  Pinellas County south through Lee County.  Regional board
18  number 3 shall consist of Collier and Monroe Counties and
19  north up the east coast of the state.
20         (a)1.  Each board shall consist of the secretary of the
21  department or his or her designee and 12 members appointed by
22  the secretary according to the following criteria:
23         a.  All appointed members shall be certificateholders,
24  but two shall be holders of fewer than 100 certificates, two
25  shall be holders of at least 100 but no more than 750
26  certificates, three shall be holders of more than 750 but not
27  more than 2,000 certificates, and two shall be holders of more
28  than 2,000 certificates.
29         b.  Members shall be appointed to represent all
30  geographic areas in the district.
31
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1         2.  The secretary of the department may fill any
  2  position on the initial board with a member who does not
  3  fulfill the requirements of subparagraph 1. if there are not
  4  enough qualified individuals available to meet those
  5  requirements. However, as soon as enough qualified individuals
  6  are available to meet those requirements, the secretary must
  7  replace all nonqualified appointees with qualified appointees.
  8         (b)  The term of each appointed member shall be for 4
  9  years, and any vacancy shall be filled for the balance of the
10  unexpired term with a person of the qualifications necessary
11  to maintain the requirements of subparagraph (a)1.  However,
12  of the initial appointees on each board, three shall serve for
13  terms of 4 years, three shall serve for terms of 3 years,
14  three shall serve for terms of 2 years, and three shall serve
15  for terms of 1 year.  There shall be no limitation on
16  successive appointments to the board.
17         (c)  The secretary of the department or his or her
18  designee shall serve as a member and shall call the
19  organizational meeting of the board. The board shall annually
20  elect a chair and a vice chair. There shall be no limitation
21  on successive terms that may be served by a chair or vice
22  chair. The board shall meet at the call of its chair, at the
23  request of a majority of its membership, at the request of the
24  department, or at such times as may be prescribed by its
25  rules. A majority of the board shall constitute a quorum, and
26  official action of the board shall require a majority vote of
27  the total membership of the board present at the meeting.
28         (d)  The procedural rules adopted by the board shall
29  conform to the requirements of chapter 120.
30         (e)  Members of the board shall be reimbursed for per
31  diem and travel expenses as provided in s. 112.061.
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1         (f)  Upon reaching a decision on any dispute or problem
  2  brought before it, including any decision involving the
  3  allotment of certificates under paragraph (g), the board shall
  4  submit such decision to the department for final approval. The
  5  department may alter or disapprove any decision of the board,
  6  with notice thereof given in writing to the board and to each
  7  party in the dispute, explaining the reasons for the
  8  disapproval. The action of the department constitutes final
  9  agency action.
10         (g)  In addition to those certificates allotted
11  pursuant to the provisions of subparagraph (2)(a)1., up to
12  150,000 certificates may be allotted by the board to settle
13  disputes or other problems arising from implementation of the
14  trap certificate program.
15         (h)  Each board may recommend the issuance of
16  additional certificates:
17         1.  To solve disputes.
18         2.  For persons who were adversely affected by chapter
19  73-432, Laws of Florida.
20         3.  For displaced netters who were adversely affected
21  by the constitutional net ban in the 2-year period following
22  the ban.
23         4.  For inefficient harvesting of stone crabs (less
24  than 2-pound landings per trap) to a person who can
25  demonstrate a need for more traps to maintain operation.
26         5.  For persons with no traps listed on their saltwater
27  products license application.
28         6.  For nonreporting by dealers.
29         (i)  With respect to persons displaced by the
30  constitutional net ban and who do not otherwise qualify for
31  the stone crab trap certificate program provided by this
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1  section, the board may recommend issuance of certificates to
  2  any person who:
  3         1.  Can demonstrate that he or she received
  4  constitutional net buy-back money.
  5         2.  Can demonstrate that he or she invested in the
  6  stone crab industry by the 1998-1999 season.
  7         3.  Has no record of net violations since July 1, 1995.
  8
  9  The provisions of this paragraph are limited to persons who
10  can demonstrate through landings that their fishing occurred
11  in the area from Wakulla through Monroe counties.  Persons who
12  qualify pursuant to this paragraph shall be issued a minimum
13  number of 100 trap certificates.
14         (5)  DISPOSITION OF FEES.--Transfer fees, annual trap
15  certificate fees, and tag fees collected pursuant to
16  paragraphs (2)(a) and (b) shall be deposited in the Marine
17  Resources Conservation Trust Fund and used for administration
18  of the trap certificate program, research and monitoring of
19  the stone crab fishery, and enforcement and public education
20  activities in support of the purposes of this section, and
21  shall also be used for evaluating the impact of trap reduction
22  on the stone crab fishery.
23         (6)  RULEMAKING AUTHORITY.--The Department of
24  Environmental Protection may adopt rules pursuant to ss.
25  120.536(1) and 120.54 to implement the provisions of this
26  section.
27         Section 3.  This act shall take effect upon becoming a
28  law.
29
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    Florida Senate - 1999                                  SB 2146
    18-1024A-99                                             See HB
  1            *****************************************
  2                       LEGISLATIVE SUMMARY
  3
      Provides for a stone crab trap certificate program
  4    similar to the current spiny lobster trap certificate
      program to stabilize the fishery. (See bill for details.)
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