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2001 Florida Statutes

Section 372.31, Florida Statutes 2001

372.31  Disposition of illegal fishing devices.--

(1)  In all cases of arrest and conviction for use of illegal nets or traps or fishing devices, as provided in this chapter, such illegal net, trap, or fishing device is declared to be a nuisance and shall be seized and carried before the court having jurisdiction of such offense and said court shall order such illegal trap, net, or fishing device forfeited to the Fish and Wildlife Conservation Commission immediately after trial and conviction of the person in whose possession they were found. When any illegal net, trap, or fishing device is found in the fresh waters of the state, and the owner of same shall not be known to the officer finding the same, such officer shall immediately procure from the county court judge an order forfeiting said illegal net, trap, or fishing device to the Fish and Wildlife Conservation Commission. The Fish and Wildlife Conservation Commission may destroy such illegal net, trap, or fishing device, if in its judgment said net, trap, or fishing device is not of value in the work of the department.

(2)  When any nets, traps, or fishing devices are found being used illegally as provided in this chapter, the same shall be seized and forfeited to the Fish and Wildlife Conservation Commission as provided in this chapter.

History.--s. 25, ch. 13644, 1929; CGL 1936 Supp. 1977(25); s. 1, ch. 59-81; s. 103, ch. 73-333; s. 133, ch. 99-245.