Bill Text: FL S1318 | 2016 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Shellfish Harvesting

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2016-04-06 - Chapter No. 2016-200 [S1318 Detail]

Download: Florida-2016-S1318-Comm_Sub.html

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       Florida Senate - 2016                      CS for CS for SB 1318
       
       
        
       By the Committees on Environmental Preservation and
       Conservation; and Agriculture; and Senator Dean
       
       592-03278-16                                          20161318c2
    1                        A bill to be entitled                      
    2         An act relating to shellfish harvesting; amending s.
    3         597.010, F.S.; revising provisions directing the
    4         Department of Agriculture and Consumer Services, in
    5         cooperation with the Fish and Wildlife Conservation
    6         Commission and the Department of Environmental
    7         Protection, to protect specified shellfish beds,
    8         grounds, and reefs; defining the terms “dredge or
    9         mechanical harvesting devices” and “shellfish”;
   10         providing for the harvesting of shellfish from
   11         sovereign submerged land leases; providing for the
   12         Board of Trustees of the Internal Improvement Trust
   13         Fund to authorize the use of dredges or mechanical
   14         harvesting devices as special lease conditions of
   15         sovereign submerged land leases under certain
   16         circumstances; limiting the number of such dredges or
   17         mechanical harvesting devices per lease; prohibiting
   18         certain use and possession of such dredges or
   19         mechanical harvesting devices; providing penalties;
   20         removing provisions relating to shellfish harvesting
   21         seasons and removal of oysters, clams, or mussels from
   22         natural reefs; authorizing the department, rather than
   23         requiring, to designate areas for the taking of
   24         oysters and clams to be planted on public lands;
   25         deleting a provision allowing such takings to be
   26         planted on leases and grants; specifying that the
   27         commission, rather than the department, shall
   28         establish the amount of oysters, clams, and mussels
   29         that may be relayed or transplanted; removing
   30         provisions relating to dredging of dead shells and
   31         oyster culture; making technical changes; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsections (14) and (17) through (25) of
   37  section 597.010, Florida Statutes, are amended to read:
   38         597.010 Shellfish regulation; leases.—
   39         (14) SHELLFISH DEVELOPMENT.—The department, in cooperation
   40  with the Fish and Wildlife Conservation Commission and the
   41  Department of Environmental Protection, shall protect all clam
   42  beds, oyster beds, shellfish grounds, and oyster reefs from
   43  damage or destruction resulting from improper cultivation,
   44  propagation, planting, or harvesting. To this end, the
   45  Department of Health is authorized and directed to cooperate
   46  with the department and to make available its laboratory testing
   47  facilities and apparatus.
   48         (a) The department shall improve, enlarge, and protect the
   49  natural oyster and clam reefs and beds of this state to the
   50  extent it may deem advisable and the means at its disposal will
   51  permit.
   52         (b) The Fish and Wildlife Conservation Commission shall, to
   53  the same extent, assist in protecting shellfish aquaculture
   54  products produced on leased or granted reefs and beds.
   55         (c) The department, in cooperation with the commission,
   56  shall provide the Legislature with recommendations as needed for
   57  the development and the proper protection of the rights of the
   58  state and private holders therein with respect to the oyster and
   59  clam business.
   60         (17) SHELLFISH HARVESTING FROM SOVEREIGN SUBMERGED LAND
   61  LEASES; USE OF DREDGE OR MECHANICAL HARVESTING DEVICE SEASONS;
   62  SPECIAL PROVISIONS RELATING TO APALACHICOLA BAY.—
   63         (a) As used in this subsection, the term:
   64         1. “Dredge or mechanical harvesting device” means a dredge,
   65  scrape, rake, drag, or other device that is towed by a vessel or
   66  self-propelled and that is used to harvest shellfish. The term
   67  does not include handheld or handdrawn hydraulically or
   68  mechanically operated devices used to harvest cultured clams
   69  from leased sovereign submerged lands, and this subsection does
   70  not apply to such handheld or handdrawn devices.
   71         2. “Shellfish” means oysters, clams, mussels, and scallops.
   72         (b) The harvesting of shellfish from a sovereign submerged
   73  land lease may be authorized pursuant to chapter 253.
   74         (c) The Board of Trustees of the Internal Improvement Trust
   75  Fund may authorize the use of a dredge or a mechanical
   76  harvesting device as a special lease condition of a sovereign
   77  submerged land lease issued under chapter 253 if:
   78         1. The use of the dredge or mechanical harvesting device
   79  does not adversely impact the public health, safety, or welfare
   80  of adjacent natural resources; and
   81         2. Aquaculture best management practices have been adopted
   82  pursuant to chapter 120 which:
   83         a. Describe the approved size and specifications of the
   84  dredge or mechanical harvesting device to be used.
   85         b. Provide conditions for deploying and using an approved
   86  dredge or mechanical harvesting device.
   87         c. Specify requirements for monitoring potential impacts
   88  at, and adjacent to, the sovereign submerged land lease site by
   89  the leaseholder.
   90         (d) The use of a dredge or mechanical harvesting device for
   91  the harvesting of shellfish from a sovereign submerged land
   92  lease is authorized if such use was previously authorized as an
   93  existing condition of a perpetual shellfish lease issued
   94  pursuant to former chapter 370.
   95         (e) Only one dredge or mechanical harvesting device per
   96  lease may be possessed or operated at any time at a lease site.
   97         (f) A dredge or mechanical harvesting device authorized by
   98  this subsection may not be used for taking shellfish for any
   99  purpose from public shellfish beds in waters of the state, and
  100  such dredge or mechanical harvesting device may not be possessed
  101  on the waters of the state from 5 p.m. until sunrise.
  102         (g) This subsection does not authorize the harvesting of
  103  shellfish from natural reefs.
  104  
  105  A violation of this subsection is a violation of the lease
  106  agreement and will result in the revocation of all leases held
  107  by the violator and denial of any future use of sovereign
  108  submerged land.
  109         (a) The Fish and Wildlife Conservation Commission shall by
  110  rule set the noncultured shellfish harvesting seasons in
  111  Apalachicola Bay.
  112         (b) If the commission changes the harvesting seasons by
  113  rule as set forth in this subsection, for 3 years after the new
  114  rule takes effect, the commission, in cooperation with the
  115  department, shall monitor the impacts of the new harvesting
  116  schedule on the bay and on local shellfish harvesters to
  117  determine whether the new harvesting schedule should be
  118  discontinued, retained, or modified. In monitoring the new
  119  schedule and in preparing its report, the following information
  120  shall be considered:
  121         1. Whether the bay benefits ecologically from the new
  122  harvesting schedule.
  123         2. Whether the new harvesting schedule enhances the
  124  enforcement of shellfish harvesting laws in the bay.
  125         3. Whether the new harvesting schedule enhances natural
  126  shellfish production, oyster relay and planting programs, and
  127  shell planting programs in the bay.
  128         4. Whether the new harvesting schedule has more than a
  129  short-term adverse economic impact, if any, on local shellfish
  130  harvesters.
  131         (18) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL
  132  REEFS; LICENSES, ETC.; PENALTY.—
  133         (a) It is unlawful to use a dredge or any means or
  134  implement other than hand tongs in removing oysters from the
  135  natural or artificial state reefs or beds. This restriction
  136  shall apply to all areas of Apalachicola Bay for all shellfish
  137  harvesting, excluding private grounds leased or granted by the
  138  state prior to July 1, 1989, if the lease or grant specifically
  139  authorizes the use of implements other than hand tongs for
  140  harvesting. Except in Apalachicola Bay, upon the payment of $25
  141  annually, for each vessel or boat using a dredge or machinery in
  142  the gathering of clams or mussels, a special activity license
  143  may be issued by the Fish and Wildlife Conservation Commission
  144  pursuant to subsection (15) or s. 379.361 for such use to such
  145  person.
  146         (b) Approval by the department to harvest shellfish by
  147  dredge or other mechanical means from privately held shellfish
  148  leases or grants in Apalachicola Bay shall include, but not be
  149  limited to, the following conditions:
  150         1. The use of any mechanical harvesting device other than
  151  ordinary hand tongs for taking shellfish for any purpose from
  152  public shellfish beds in Apalachicola Bay shall be unlawful.
  153         2. The possession of any mechanical harvesting device on
  154  the waters of Apalachicola Bay from 5 p.m. until sunrise shall
  155  be unlawful.
  156         3. Leaseholders or grantees shall notify the department no
  157  less than 48 hours prior to each day’s use of a dredge or scrape
  158  in order for the department to notify the Fish and Wildlife
  159  Conservation Commission that a mechanical harvesting device will
  160  be deployed.
  161         4. Only two dredges or scrapes per lease or grant may be
  162  possessed or operated at any time.
  163         5. Each vessel used for the transport or deployment of a
  164  dredge or scrape shall prominently display the lease or grant
  165  number or numbers, in numerals which are at least 12 inches high
  166  and 6 inches wide, in such a manner that the lease or grant
  167  number or numbers are readily identifiable from both the air and
  168  the water.
  169  
  170  Any violation of this paragraph or of any other statutes, rules,
  171  or conditions referenced in the lease agreement shall be
  172  considered a violation of the license and shall result in
  173  revocation of the lease or a denial of use or future use of a
  174  mechanical harvesting device.
  175         (c) Oysters may be harvested from natural or public or
  176  private leased or granted grounds by common hand tongs or by
  177  hand, by scuba diving, free diving, leaning from vessels, or
  178  wading. In Apalachicola Bay, this provision shall apply to all
  179  shellfish.
  180         (18)(19) FISHING FOR RELAYING OR TRANSPLANTING PURPOSES.—
  181         (a) The department may shall designate areas for the taking
  182  of oysters and clams to be planted on leases, grants, and public
  183  areas. Oysters, clams, and mussels may be taken for relaying or
  184  transplanting at any time during the year so long as, in the
  185  opinion of the department, the public health will not be
  186  endangered. The amount of oysters, clams, and mussels to be
  187  obtained for relaying or transplanting shall be established by
  188  the Fish and Wildlife Conservation Commission., The area relayed
  189  or transplanted to, and relaying or transplanting time periods
  190  shall be established in each case by the department.
  191         (b) Application for a special activity license issued
  192  pursuant to subsection (15) for obtaining oysters, clams, or
  193  mussels for relaying from closed public shellfish harvesting
  194  areas to open areas or certified controlled purification plants
  195  or for transplanting sublegal-sized oysters, clams, or mussels
  196  must be made to the department. In return, the department may
  197  assign an area and a period of time for the oysters, clams, or
  198  mussels to be relayed or transplanted to be taken. All relaying
  199  and transplanting operations shall take place under the
  200  direction of the department.
  201         (c) Relayed oysters, clams, or mussels shall not be
  202  subsequently harvested for any reason without written permission
  203  or public notice from the department.
  204         (19)(20) OYSTER AND CLAM REHABILITATION.—The board of
  205  county commissioners of the several counties may appropriate and
  206  expend such sums as it may deem proper for the purpose of
  207  planting or transplanting oysters, clams, oyster shell, clam
  208  shell, or cultch or to perform such other acts for the
  209  enhancement of the oyster and clam industries of the state, out
  210  of any sum in the county treasury not otherwise appropriated.
  211         (21) DREDGING OF DEAD SHELLS PROHIBITED.—The dredging of
  212  dead shell deposits is prohibited in the state.
  213         (20)(22) COOPERATION WITH UNITED STATES FISH AND WILDLIFE
  214  SERVICE.—The department shall cooperate with the United States
  215  Fish and Wildlife Service, under existing federal laws, rules,
  216  and regulations, and is authorized to accept donations, grants,
  217  and matching funds from the Federal Government in order to carry
  218  out its oyster resource and development responsibilities. The
  219  department is further authorized to accept any and all donations
  220  including funds, oysters, or oyster shells.
  221         (21)(23) OYSTER AND CLAM SHELLS PROPERTY OF DEPARTMENT.—
  222         (a) Except for oysters used directly in the half-shell
  223  trade, 50 percent of all shells from oysters and clams shucked
  224  commercially in the state shall be and remain the property of
  225  the department when such shells are needed and required for
  226  rehabilitation projects and planting operations, in cooperation
  227  with the Fish and Wildlife Conservation Commission, when
  228  sufficient resources and facilities exist for handling and
  229  planting such shells shell, and when the collection and handling
  230  of such shells shell is practicable and useful, except that bona
  231  fide holders of leases and grants may retain 75 percent of such
  232  shells shell as they produce for aquacultural purposes. Storage,
  233  transportation, and planting of shells so retained by lessees
  234  and grantees shall be carried out under the conditions of the
  235  lease agreement or with the written approval of the department
  236  and shall be subject to such reasonable time limits as the
  237  department may fix. In the event of an accumulation of an excess
  238  of shells, the department is authorized to sell shells only to
  239  private growers for use in oyster or clam cultivation on bona
  240  fide leases and grants. No profit shall accrue to the department
  241  in these transactions, and shells are to be sold for the
  242  estimated moneys spent by the department to gather and stockpile
  243  the shells. Planting of shells obtained from the department by
  244  purchase shall be subject to the conditions set forth in the
  245  lease agreement or in the written approval as issued by the
  246  department. Any shells not claimed and used by private oyster
  247  cultivators 10 years after shells are gathered and stockpiled
  248  may be sold at auction to the highest bidder for any private
  249  use.
  250         (b) If Whenever the department determines that it is
  251  unfeasible to collect oyster or clam shells, the shells become
  252  the property of the producer.
  253         (c) If Whenever oyster or clam shells are owned by the
  254  department and it is not useful or feasible to use them in the
  255  rehabilitation projects, and if a when no leaseholder has not
  256  exercised his or her option to acquire them, the department may
  257  sell such shells for the highest price obtainable. Such The
  258  shells thus sold may be used in any manner and for any purpose
  259  at the discretion of the purchaser.
  260         (d) Moneys derived from the sale of shell shall be
  261  deposited in the General Inspection Trust Fund for shellfish
  262  programs.
  263         (e) The department may publish notice, in a newspaper
  264  serving the county, of its intention to collect the oyster and
  265  clam shells and shall notify, by certified mail, each shucking
  266  establishment from which shells are to be collected. The notice
  267  shall contain the period of time the department intends to
  268  collect the shells in that county and the collection purpose.
  269         (24) OYSTER CULTURE.—The department, in cooperation with
  270  the Fish and Wildlife Conservation Commission and the Department
  271  of Environmental Protection, shall protect all clam beds, oyster
  272  beds, shellfish grounds, and oyster reefs from damage or
  273  destruction resulting from improper cultivation, propagation,
  274  planting, or harvesting and control the pollution of the waters
  275  over or surrounding beds, grounds, or reefs, and to this end the
  276  Department of Health is authorized and directed to lend its
  277  cooperation to the department, to make available its laboratory
  278  testing facilities and apparatus.
  279         (22)(25) REQUIREMENTS FOR OYSTER OR CLAM VESSELS.—
  280         (a) All vessels used for the harvesting, gathering, or
  281  transporting of oysters or clams for commercial purposes shall
  282  be constructed and maintained to prevent contamination or
  283  deterioration of shellfish. To this end, all such vessels shall
  284  have be provided with false bottoms and bulkheads fore and aft
  285  to prevent onboard shellfish from coming in contact with any
  286  bilge water. No Dogs or other animals are not shall be allowed
  287  at any time on vessels used to harvest or transport shellfish. A
  288  violation of any provision of this subsection will, at a
  289  minimum, shall result in at least the revocation of the
  290  violator’s license.
  291         (b) For the purpose of this subsection, “harvesting,
  292  gathering, or transporting of oysters or clams for commercial
  293  purposes” means to harvest, gather, or transport oysters or
  294  clams with the intent to sell and shall apply to a quantity of
  295  two or more bags of oysters per vessel or more than one 5-gallon
  296  bucket of unshucked hard clams per person or more than two 5
  297  gallon buckets of unshucked hard clams per vessel.
  298         Section 2. This act shall take effect July 1, 2016.