HB 1345CS

CHAMBER ACTION



1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to saltwater fisheries; amending s.
8370.0603, F.S.; authorizing use of the Marine Resources
9Conservation Trust Fund to fund the stone crab reduction,
10blue crab effort management, spiny lobster trap
11certificate, and trap retrieval programs; requiring
12proceeds from certain fees, fines, and penalties to be
13deposited in the Marine Resources Conservation Trust Fund;
14amending s. 370.13, F.S., relating to stone crab
15regulation; authorizing the Fish and Wildlife Conservation
16Commission to waive or defer replacement tag fees under
17certain circumstances; amending s. 370.135, F.S., relating
18to blue crab regulation; establishing certain endorsement
19fees for the taking of blue crabs; establishing an annual
20trap tag fee; authorizing the commission to waive or defer
21replacement tag fees under certain circumstances;
22requiring the deposit of certain proceeds into the Marine
23Resources Conservation Trust Fund; specifying the use of
24such proceeds; requiring the commission to waive
25endorsement and tag fees for certain program participants;
26providing administrative penalties for certain violations;
27prohibiting the unauthorized possession of trap gear or
28removal of trap contents and providing penalties therefor;
29providing penalties for certain other prohibited
30activities relating to traps, lines, buoys, and trap tags;
31providing penalties for fraudulent reports related to
32endorsement transfers; prohibiting certain activities
33during endorsement suspension and revocation; preserving
34state jurisdiction for certain convictions; providing
35requirements for certain license renewal; appropriating
36certain fee revenues to the commission for blue crab
37effort management program costs; requiring the commission
38to create an advisory board; amending s. 370.142, F.S.,
39relating to the spiny lobster trap certificate program;
40authorizing the commission to waive or defer replacement
41tag fees under certain circumstances; providing
42administrative penalties for certain violations of the
43spiny lobster trap certificate program; amending s.
44370.143, F.S.; revising provisions for certain trap
45retrieval programs and fees; providing a recurring
46appropriation; providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Paragraph (j) is added to subsection (1) of
51section 370.0603, Florida Statutes, and paragraphs (c) and (d)
52of subsection (2) of that section are amended, to read:
53     370.0603  Marine Resources Conservation Trust Fund;
54purposes.--
55     (1)  The Marine Resources Conservation Trust Fund within
56the Fish and Wildlife Conservation Commission shall serve as a
57broad-based depository for funds from various marine-related and
58boating-related activities and shall be administered by the
59commission for the purposes of:
60     (j)  Funding the stone crab trap reduction program under s.
61370.13, the blue crab effort management program under s.
62370.135, the spiny lobster trap certificate program under s.
63370.142, and the trap retrieval program under s. 370.143.
64     (2)  The Marine Resources Conservation Trust Fund shall
65receive the proceeds from:
66     (c)  All fees collected pursuant to ss. 370.063, 370.13,
67370.135, 370.142, 370.143, and 372.5704.
68     (d)  All fines and penalties pursuant to ss. s. 370.021,
69370.13, 370.135, and 370.142.
70     Section 2.  Paragraph (b) of subsection (1) of section
71370.13, Florida Statutes, is amended to read:
72     370.13  Stone crab; regulation.--
73     (1)  FEES AND EQUITABLE RENT.--
74     (b)  Certificate fees.--
75     1.  For each trap certificate issued by the commission
76under the requirements of the stone crab trap limitation program
77established by commission rule, there is an annual fee of 50
78cents per certificate. Replacement tags for lost or damaged tags
79cost 50 cents each. In the event of a major natural disaster,
80such as a hurricane or major storm, which causes massive trap
81losses within an area declared by the Governor to be a disaster
82emergency area, the commission may temporarily defer or
83permanently waive replacement tag fees, except that tags lost in
84the event of a major natural disaster declared as an emergency
85disaster by the Governor shall be replaced for the cost of the
86tag as incurred by the commission.
87     2.  The fee for transferring trap certificates is $1 per
88certificate transferred, except that the fee for eligible crew
89members is 50 cents per certificate transferred. Eligible crew
90members shall be determined according to criteria established by
91rule of the commission. Payment must be made by money order or
92cashier's check, submitted with the certificate transfer form
93developed by the commission.
94     3.  In addition to the transfer fee, a surcharge of $1 per
95certificate transferred, or 25 percent of the actual value of
96the transferred certificate, whichever is greater, will be
97assessed the first time a certificate is transferred outside the
98original holder's immediate family.
99     4.  Transfer fees and surcharges only apply to the actual
100number of certificates received by the purchaser. A transfer of
101a certificate is not effective until the commission receives a
102notarized copy of the bill of sale as proof of the actual value
103of the transferred certificate or certificates, which must also
104be submitted with the transfer form and payment.
105     5.  A transfer fee will not be assessed or required when
106the transfer is within a family as a result of the death or
107disability of the certificate owner. A surcharge will not be
108assessed for any transfer within an individual's immediate
109family.
110     6.  The fees and surcharge amounts in this paragraph apply
111in the 2005-2006 license year and subsequent years.
112     Section 3.  Subsection (1) of section 370.135, Florida
113Statutes, is amended, and subsections (3), (4), (5), and (6) are
114added to that section, to read:
115     370.135  Blue crab; regulation.--
116     (1)  No person, firm, or corporation shall transport on the
117water, fish with or cause to be fished with, set, or place any
118trap designed for taking blue crabs unless such person, firm, or
119corporation is the holder of a valid saltwater products license
120issued pursuant to s. 370.06 and the trap has a current state
121number permanently attached to the buoy. The trap number shall
122be affixed in legible figures at least 1 inch high on each buoy
123used. The saltwater products license must be on board the boat,
124and both the license and the crabs shall be subject to
125inspection at all times. Only one trap number may be issued for
126each boat by the commission upon receipt of an application on
127forms prescribed by it. This subsection shall not apply to an
128individual fishing with no more than five traps. It is a felony
129of the third degree, punishable as provided in s. 775.082, s.
130775.083, or s. 775.084, for any person willfully to molest any
131traps, lines, or buoys, as defined herein, belonging to another
132without the express written consent of the trap owner. Any
133person receiving a judicial disposition other than dismissal or
134acquittal on a charge of willful molestation of a trap, in
135addition to the penalties specified in s. 370.021, shall lose
136all saltwater fishing privileges for a period of 24 calendar
137months. It is unlawful for any person to remove the contents of
138or take possession of another harvester's trap without the
139express written consent of the trap owner available for
140immediate inspection. Unauthorized possession of another's trap
141gear or removal of trap contents constitutes theft. Any person
142receiving a judicial disposition other than dismissal or
143acquittal on a charge of theft of or from a trap pursuant to
144this section or s. 370.1107 shall, in addition to the penalties
145specified in s. 370.021 and the provisions of this section,
146permanently lose all his or her saltwater fishing privileges
147including his or her saltwater products license and blue crab
148endorsement. In such cases endorsements, landings history, and
149trap certificates are nontransferable. In addition, any person,
150firm, or corporation receiving a judicial disposition other than
151dismissal or acquittal for violating this subsection or s.
152370.1107 shall also be assessed an administrative penalty of up
153to $5,000. Immediately upon receiving a citation for a violation
154involving theft of or from a trap and until adjudicated for such
155a violation, or receiving a judicial disposition other than
156dismissal or acquittal for such a violation, the person, firm,
157or corporation committing the violation is prohibited from
158transferring any blue crab endorsements, landings history, or
159trap certificates.
160     (3)(a)  Endorsement fees.--
161     1.  The fee for a hard-shell blue crab endorsement for the
162taking of hard-shell blue crabs, as required by rule of the
163commission, is $125, $25 of which must be used solely for trap
164retrieval under s. 370.143 and rule 68B-55, Florida
165Administrative Code.
166     2.  The fee for a soft-shell blue crab endorsement for the
167taking of soft-shell blue crabs, as required by rule of the
168commission, is $250, $25 of which must be used solely for trap
169retrieval under s. 370.143 and rule 68B-55, Florida
170Administrative Code.
171     3.  The fee for a nontransferable blue crab endorsement for
172the taking of hard-shell blue crabs, as required by rule of the
173commission, is $125, $25 of which must be used solely for trap
174retrieval under s. 370.143 and rule 68B-55, Florida
175Administrative Code.
176     4.  The fee for an incidental-take blue crab endorsement
177for the taking of blue crabs as bycatch in shrimp trawls and
178stone crab traps, as established by commission rule, is $25.
179     (b)  Trap tag fees.--For each trap tag issued by the
180commission under the requirements of the blue crab effort
181management program established by commission rule, there is an
182annual fee of 50 cents per tag. The fee for replacement tags for
183lost or damaged tags is 50 cents each plus shipping. In the
184event of a major natural disaster, such as a hurricane or major
185storm, which causes massive trap losses within an area declared
186by the Governor to be a disaster emergency area, the commission
187may temporarily defer or permanently waive replacement tag fees.
188     (c)  Disposition of fees, surcharges, and civil penalties
189and fines.--Endorsement fees, trap tag fees, civil penalties and
190fines, replacement trap tag fees, and trap retrieval fees shall
191be deposited in the Marine Resources Conservation Trust Fund.
192Not more than 50 percent of the revenues generated under this
193section may be used for the operation and administration of the
194blue crab effort management program. The remaining revenues
195generated under this section shall be used for trap retrieval,
196management of the blue crab fishery, public education
197activities, research, and enforcement activities in support of
198the blue crab effort management program.
199     (d)  Waiver of fees.--For the 2006-2007 license year, the
200commission shall waive all fees under this subsection for all
201persons who qualify by September 30, 2006, to participate in the
202blue crab effort management program established by commission
203rule.
204     (4)(a)  Untagged trap penalties.--In addition to any other
205penalties provided in s. 370.021 for any person, firm, or
206corporation that violates rule 68B-45.007(6)(b), Florida
207Administrative Code, the following administrative penalties
208apply:
209     1.  For a first violation, the commission shall assess an
210administrative penalty of up to $1,000 and the blue crab
211endorsement holder's blue crab fishing privileges may be
212suspended for the remainder of the current license year.
213     2.  For a second violation that occurs within 24 months
214after any previous such violation, the commission shall assess
215an administrative penalty of up to $2,000 and the blue crab
216endorsement holder's blue crab fishing privileges may be
217suspended for 12 calendar months.
218     3.  For a third violation that occurs within 36 months
219after any two previous such violations, the commission shall
220assess an administrative penalty of up to $5,000 and the blue
221crab endorsement holder's blue crab fishing privileges may be
222suspended for 24 calendar months.
223     4.  A fourth violation that occurs within 48 months after
224any three previous such violations shall result in permanent
225revocation of all of the violator's saltwater fishing
226privileges, including having the commission proceed against the
227endorsement holder's saltwater products license in accordance
228with s. 370.021.
229
230Any person assessed an administrative penalty under this
231paragraph shall, within 30 calendar days after notification, pay
232the administrative penalty to the commission or request an
233administrative hearing under ss. 120.569 and 120.57. The
234proceeds of all administrative penalties collected under this
235paragraph shall be deposited in the Marine Resources
236Conservation Trust Fund.
237     (b)  Trap theft; prohibitions and penalties.--It is
238unlawful for any person to remove or take possession of the
239contents of another harvester's trap without the express written
240consent of the trap owner, which must be available for immediate
241inspection. Unauthorized possession of another harvester's trap
242gear or removal of trap contents constitutes theft. Any person
243convicted of theft of or from a trap pursuant to this paragraph
244shall, in addition to the penalties specified in s. 370.021 and
245the provisions of this section, permanently lose all of his or
246her saltwater fishing privileges, including saltwater products
247licenses, blue crab endorsements, and all trap tags allotted to
248him or her by the commission. In such cases, endorsements are
249nontransferable. In addition, any person, firm, or corporation
250convicted of a violation of this paragraph shall also be
251assessed an administrative penalty of up to $5,000. Immediately
252upon receiving a citation for a violation involving theft of or
253from a trap and until adjudicated for such a violation or upon
254receipt of a judicial disposition other than dismissal or
255acquittal on such a violation, the violator is prohibited from
256transferring any blue crab endorsement.
257     (c)  Criminal activities.--Any person, firm, or corporation
258convicted of violating commission rules that prohibit any of the
259following commits a felony of the third degree, punishable as
260provided in s. 775.082, s. 775.083, or s. 775.084:
261     1.  The willful molestation of any blue crab trap, line, or
262buoy that is the property of any licenseholder, without the
263permission of that licenseholder.
264     2.  The bartering, trading, leasing, or sale, or conspiring
265or aiding in such barter, trade, lease, or sale, or supplying,
266agreeing to supply, aiding in supplying, or giving away blue
267crab trap tags unless the action is duly authorized by the
268commission as provided by commission rules.
269     3.  The making, altering, forging, counterfeiting, or
270reproducing of blue crab trap tags.
271     4.  Possession of altered, forged, counterfeit, or
272imitation blue crab trap tags.
273     5.  Possession of commission-issued original trap tags and
274commission-issued replacement trap tags, the sum of which
275exceeds by 1 percent the number of traps allowed by rule of the
276commission.
277     6.  Engaging in the commercial harvest of blue crabs during
278the time the licenseholder's blue crab endorsements are under
279suspension or revocation.
280
281Any person, firm, or corporation convicted of a violation of
282this paragraph shall be assessed an administrative penalty of up
283to $5,000, and all of the blue crab endorsements possessed by
284the person, firm, or corporation may be suspended for up to 24
285calendar months. Immediately upon receiving a citation involving
286a violation of this paragraph and until adjudicated for such a
287violation, or if convicted of such a violation, the person,
288firm, or corporation committing the violation is prohibited from
289transferring any blue crab endorsements.
290     (d)  Endorsement transfers; fraudulent reports;
291penalties.--For any person, firm, or corporation convicted of
292fraudulently reporting the actual value of transferred blue crab
293endorsements, the commission may automatically suspend or
294permanently revoke the seller's or the purchaser's blue crab
295endorsements. If the endorsement is permanently revoked, the
296commission shall also permanently deactivate the endorsement
297holder's blue crab trap tag accounts.
298     (e)  Prohibitions during endorsement suspension and
299revocation.--During any period of suspension or revocation of a
300blue crab endorsement holder's endorsements, he or she shall,
301within 15 days after notice provided by the commission, remove
302from the water all traps subject to that endorsement. Failure to
303do so shall extend the period of suspension or revocation for an
304additional 6 calendar months.
305     (5)  For purposes of this section, a conviction is any
306disposition other than acquittal or dismissal.
307     (6)  An endorsement may not be renewed until all fees and
308administrative penalties imposed under this section are paid.
309     Section 4.  Paragraphs (b) and (c) of subsection (2) of
310section 370.142, Florida Statutes, are amended to read:
311     370.142  Spiny lobster trap certificate program.--
312     (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
313PENALTIES.--The Fish and Wildlife Conservation Commission shall
314establish a trap certificate program for the spiny lobster
315fishery of this state and shall be responsible for its
316administration and enforcement as follows:
317     (b)  Trap tags.--Each trap used to take or attempt to take
318spiny lobsters in state waters or adjacent federal waters shall,
319in addition to the crawfish trap number required by s.
320370.14(2), have affixed thereto an annual trap tag issued by the
321commission. Each such tag shall be made of durable plastic or
322similar material and shall, based on the number of certificates
323held, have stamped thereon the owner's license number. To
324facilitate enforcement and recordkeeping, such tags shall be
325issued each year in a color different from that of each of the
326previous 3 years. The annual certificate fee shall be $1 per
327certificate. Replacement tags for lost or damaged tags may be
328obtained as provided by rule of the commission. In the event of
329a major natural disaster, such as a hurricane or major storm,
330which causes massive trap losses within an area declared by the
331Governor to be a disaster emergency area, the commission may
332temporarily defer or permanently waive replacement tag fees.
333     (c)  Prohibitions; penalties.--
334     1.  It is unlawful for a person to possess or use a spiny
335lobster trap in or on state waters or adjacent federal waters
336without having affixed thereto the trap tag required by this
337section. It is unlawful for a person to possess or use any other
338gear or device designed to attract and enclose or otherwise aid
339in the taking of spiny lobster by trapping that is not a trap as
340defined in rule 68B-24.006(2), Florida Administrative Code.
341     2.  It is unlawful for a person to possess or use spiny
342lobster trap tags without having the necessary number of
343certificates on record as required by this section.
344     3.  It is unlawful for any person to willfully molest, take
345possession of, or remove the contents of another harvester's
346trap without the express written consent of the trap owner
347available for immediate inspection. Unauthorized possession of
348another's trap gear or removal of trap contents constitutes
349theft. Any person receiving a judicial disposition other than
350dismissal or acquittal on a charge of theft of or from a trap
351pursuant to this subparagraph or s. 370.1107 shall, in addition
352to the penalties specified in ss. 370.021 and 370.14 and the
353provisions of this section, permanently lose all his or her
354saltwater fishing privileges, including his or her saltwater
355products license, crawfish endorsement, and all trap
356certificates allotted to him or her through this program. In
357such cases, trap certificates and endorsements are
358nontransferable. Any person receiving a judicial disposition
359other than dismissal or acquittal on a charge of willful
360molestation of a trap, in addition to the penalties specified in
361ss. 370.021 and 370.14, shall lose all saltwater fishing
362privileges for a period of 24 calendar months. In addition, any
363person, firm, or corporation charged with violating this
364paragraph and receiving a judicial disposition other than
365dismissal or acquittal for violating this subparagraph or s.
366370.1107 shall also be assessed an administrative penalty of up
367to $5,000. Immediately upon receiving a citation for a violation
368involving theft of or from a trap, or molestation of a trap, and
369until adjudicated for such a violation or, upon receipt of a
370judicial disposition other than dismissal or acquittal of such a
371violation, the person, firm, or corporation committing the
372violation is prohibited from transferring any crawfish trap
373certificates and endorsements.
374     4.  In addition to any other penalties provided in s.
375370.021, a commercial harvester, as defined by rule 68B-
37624.002(1), Florida Administrative Code, who violates the
377provisions of this section, or the provisions relating to traps
378of chapter 68B-24, Florida Administrative Code, shall be
379punished as follows:
380     a.  If the first violation is for violation of subparagraph
3811. or subparagraph 2., the commission shall assess an additional
382civil penalty of up to $1,000 and the crawfish trap number
383issued pursuant to s. 370.14(2) or (6) may be suspended for the
384remainder of the current license year. For all other first
385violations, the commission shall assess an additional civil
386penalty of up to $500.
387     b.  For a second violation of subparagraph 1. or
388subparagraph 2. which occurs within 24 months of any previous
389such violation, the commission shall assess an additional civil
390penalty of up to $2,000 and the crawfish trap number issued
391pursuant to s. 370.14(2) or (6) may be suspended for the
392remainder of the current license year.
393     c.  For a third or subsequent violation of subparagraph 1.,
394subparagraph 2., or subparagraph 3. which occurs within 36
395months of any previous two such violations, the commission shall
396assess an additional civil penalty of up to $5,000 and may
397suspend the crawfish trap number issued pursuant to s. 370.14(2)
398or (6) for a period of up to 24 months or may revoke the
399crawfish trap number and, if revoking the crawfish trap number,
400may also proceed against the licenseholder's saltwater products
401license in accordance with the provisions of s. 370.021(2)(h).
402     d.  Any person assessed an additional civil penalty
403pursuant to this section shall within 30 calendar days after
404notification:
405     (I)  Pay the civil penalty to the commission; or
406     (II)  Request an administrative hearing pursuant to the
407provisions of s. 120.60.
408     e.  The commission shall suspend the crawfish trap number
409issued pursuant to s. 370.14(2) or (6) for any person failing to
410comply with the provisions of sub-subparagraph d.
411     5.a.  It is unlawful for any person to make, alter, forge,
412counterfeit, or reproduce a spiny lobster trap tag or
413certificate.
414     b.  It is unlawful for any person to knowingly have in his
415or her possession a forged, counterfeit, or imitation spiny
416lobster trap tag or certificate.
417     c.  It is unlawful for any person to barter, trade, sell,
418supply, agree to supply, aid in supplying, or give away a spiny
419lobster trap tag or certificate or to conspire to barter, trade,
420sell, supply, aid in supplying, or give away a spiny lobster
421trap tag or certificate unless such action is duly authorized by
422the commission as provided in this chapter or in the rules of
423the commission.
424     6.a.  Any person who violates the provisions of
425subparagraph 5., or any person who engages in the commercial
426harvest, trapping, or possession of spiny lobster without a
427crawfish trap number as required by s. 370.14(2) or (6) or
428during any period while such crawfish trap number is under
429suspension or revocation, commits a felony of the third degree,
430punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
431     b.  In addition to any penalty imposed pursuant to sub-
432subparagraph a., the commission shall levy a fine of up to twice
433the amount of the appropriate surcharge to be paid on the fair
434market value of the transferred certificates, as provided in
435subparagraph (a)1., on any person who violates the provisions of
436sub-subparagraph 5.c.
437     c.  In addition to any penalty imposed pursuant to sub-
438subparagraph a., any person receiving any judicial disposition
439other than acquittal or dismissal for a violation of
440subparagraph 5. shall be assessed an administrative penalty of
441up to $5,000, and the crawfish endorsement under which the
442violation was committed may be suspended for up to 24 calendar
443months. Immediately upon issuance of a citation involving a
444violation of subparagraph 5. and until adjudication of such a
445violation, and after receipt of any judicial disposition other
446than acquittal or dismissal for such a violation, the person
447holding the crawfish endorsement listed on the citation is
448prohibited from transferring any spiny lobster trap
449certificates.
450     7.  Any certificates for which the annual certificate fee
451is not paid for a period of 3 years shall be considered
452abandoned and shall revert to the commission. During any period
453of trap reduction, any certificates reverting to the commission
454shall become permanently unavailable and be considered in that
455amount to be reduced during the next license-year period.
456Otherwise, any certificates that revert to the commission are to
457be reallotted in such manner as provided by the commission.
458     8.  The proceeds of all civil penalties collected pursuant
459to subparagraph 4. and all fines collected pursuant to sub-
460subparagraph 6.b. shall be deposited into the Marine Resources
461Conservation Trust Fund.
462     9.  All traps shall be removed from the water during any
463period of suspension or revocation.
464     Section 5.  Subsections (1), (2), and (3) of section
465370.143, Florida Statutes, are amended to read:
466     370.143  Retrieval of spiny lobster, crawfish, and stone
467crab, blue crab, and black sea bass traps during closed season;
468commission authority; fees.--
469     (1)  The Fish and Wildlife Conservation Commission is
470authorized to implement a trap retrieval program for retrieval
471of spiny lobster, crawfish, and stone crab, blue crab, and black
472sea bass traps remaining in the water during the closed season
473for each species. The commission is authorized to contract with
474outside agents for the program operation.
475     (2)  A retrieval fee of $10 per trap retrieved shall be
476assessed trap owners. However, for each person holding a spiny
477lobster endorsement, crawfish stamp number or a stone crab
478endorsement, or a blue crab endorsement issued under rule of the
479commission, the retrieval fee shall be waived for the first five
480traps retrieved. Traps recovered under this program shall become
481the property of the commission or its contract agent, as
482determined by the commission, and shall be either destroyed or
483resold to the original owner. Revenue from retrieval fees shall
484be deposited in the Marine Resources Conservation Trust Fund and
485used solely for operation of the trap retrieval program.
486     (3)  Payment of all assessed retrieval fees shall be
487required prior to renewal of the trap owner's saltwater products
488license and stone crab and or crawfish endorsements. Retrieval
489fees assessed under this program shall stand in lieu of other
490penalties imposed for such trap violations.
491     Section 6.  Beginning in the 2006-2007 fiscal year, the sum
492of $132,000 is appropriated from the Marine Resources
493Conservation Trust Fund to the Fish and Wildlife Conservation
494Commission on a recurring basis for the purposes of implementing
495the blue crab effort management program pursuant to s.
496370.135(3)(b), Florida Statutes, and providing for the
497administrative costs of the Blue Crab Advisory Board as created
498by commission rule.
499     Section 7.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.