The Florida Senate

370.062  Department of Environmental Protection license program for tarpon; fees; penalties.--

(1)  The Department of Environmental Protection shall establish a license program for the purpose of issuing tags to individuals desiring to harvest tarpon (megalops atlantica) from the waters of the State of Florida. The tags shall be nontransferable, except that the Marine Fisheries Commission may allow for a limited number of tags to be purchased by professional fishing guides for transfer to individuals, and issued by the department in order of receipt of a properly completed application for a nonrefundable fee of $50 per tag. The Game and Fresh Water Fish Commission and any tax collector may sell the tags and collect the fees therefor. Tarpon tags are valid from July 1 through June 30. Before August 5 of each year, each tax collector shall submit to the Game and Fresh Water Fish Commission all unissued tags for the previous calendar year along with a written audit report, on forms prescribed or approved by the Game and Fresh Water Fish Commission, as to the numbers of the unissued tags. To defray the cost of issuing any tag, the issuing tax collector shall collect and retain as his or her costs, in addition to the tag fee collected, the amount allowed under s. 372.561(4) for the issuance of licenses.

(2)  The number of tags to be issued shall be determined by rule of the Marine Fisheries Commission. The commission shall in no way allow the issuance of tarpon tags to adversely affect the tarpon population.

(3)  Proceeds from the sale of tarpon tags shall be deposited in the Marine Resources Conservation Trust Fund and shall be used to gather information directly applicable to tarpon management.

(4)  No individual shall take, kill, or possess any fish of the species megalops atlantica, commonly known as tarpon, unless such individual has purchased a tarpon tag and securely attached it through the lower jaw of the fish. Said individual shall within 5 days after the landing of the fish submit a form to the department which indicates the length, weight, and physical condition of the tarpon when caught; the date and location of where the fish was caught; and any other pertinent information which may be required by the department. The department may refuse to issue new tags to individuals or guides who fail to provide the required information.

(5)  Any individual including a taxidermist who possesses a tarpon which does not have a tag securely attached as required by this section shall be subject to penalties as prescribed in s. 370.021. Provided, however, a taxidermist may remove the tag during the process of mounting a tarpon. The removed tag shall remain with the fish during any subsequent storage or shipment.

(6)  Purchase of a tarpon tag shall not accord the purchaser any right to harvest or possess tarpon in contravention of rules adopted by the Marine Fisheries Commission. No individual may sell, offer for sale, barter, exchange for merchandise, transport for sale, either within or without the state, offer to purchase, or purchase any species of fish known as tarpon.

(7)  The department shall prescribe and provide suitable forms and tags necessary to carry out the provisions of this section.

(8)  The provisions of this section shall not apply to anyone who immediately returns a tarpon uninjured to the water at the place where the fish was caught.

(9)  All tag fees collected by the Game and Fresh Water Fish Commission shall be transferred to the Marine Resources Conservation Trust Fund within 7 days following the last business day of the week in which the fees were received by the Game and Fresh Water Fish Commission.

History.--s. 1, ch. 88-170; s. 215, ch. 94-356; s. 986, ch. 95-148; s. 7, ch. 96-300; s. 28, ch. 96-321; s. 4, ch. 98-227.