Fla. Admin. Code Ann. R. 68B-13.012 - Commission Policy Regarding the Assessment of Administrative Penalties

(1) It shall be the policy of the Commission to assess administrative penalties pursuant to Section 379.365(2)(a), F.S., for conviction of a violation involving use of stone crab traps without current year trap tags (paragraph 68B-13.010(2)(b), and subsections 68B-13.011(5) and (11), F.A.C.), as follows:

(a) For a first conviction:

1. Involving 20 or fewer untagged stone crab traps - $25 per untagged trap;

2. Involving 21 or more untagged stone crab traps - $1000 and suspension of the stone crab endorsement for the remainder of the fishing season.

(b) For a second conviction occurring within 24 months of any previous such conviction:

1. Involving 5 or fewer untagged stone crab traps - $50 per untagged trap,

2. Involving 6 up to and including 20 untagged stone crab traps - $75 per untagged trap and suspension of the stone crab endorsement for 12 calendar months,

3. Involving 21 or more untagged stone crab traps - $2000 and suspension of the stone crab endorsement for 12 calendar months.

(c) For a third conviction occurring within 36 months of two previous such convictions:

1. Involving 5 or fewer untagged stone crab traps - $100 per untagged trap and suspension of the stone crab endorsement for 24 calendar months,

2. Involving 6 up to and including 20 untagged stone crab traps - $2, 500 and suspension of the stone crab endorsement for 24 calendar months,

3. Involving 21 or more untagged stone crab traps - $5, 000 and suspension of the stone crab endorsement for 24 calendar months.

(d) For a fourth conviction occurring within 48 months of three previous such violations, regardless of the number of untagged stone crab traps involved - permanent revocation of the saltwater products license, all endorsements and associated fishing privileges.

(2) It shall be the policy of the Commission to assess administrative penalties pursuant to Section 379.365(2)(a) and (c), F.S., for conviction of a violation involving the possession or use of any stone crab trap tags not issued by the Commission or the unlawful making, altering, forging, counterfeiting or reproducing of stone crab trap tags (subsections 68B-13.011(5), (6) and (7), F.A.C., as follows:

(a) For a first conviction:

1. Involving 15 or fewer illegal stone crab trap tags - $1, 000,

2. Involving 16 or more illegal stone crab trap tags - $1, 000 and suspension of the stone crab endorsement for the remainder of the license year.

(b) For a second conviction occurring within 24 months of a previous such violation:

1. Involving 10 or fewer illegal stone crab trap tags - $1, 000 and suspension of the stone crab endorsement for 12 calendar months,

2. Involving 11 or more illegal stone crab trap tags - $2, 000 and suspension of the stone crab endorsement for 12 calendar months.

(c) For a third conviction occurring within 36 months of two previous such violations:

1. Involving 5 or fewer illegal stone crab trap tags - $3, 000 and suspension of the stone crab endorsement for 24 calendar months,

2. Involving 6 or more illegal stone crab trap tags - $5, 000 and suspension of the stone crab endorsement for 24 calendar months.

(d) For a fourth conviction occurring within 48 months of three previous such violations, regardless of the number of illegal stone crab trap tags involved, permanent revocation of the saltwater products license, all endorsements and associated fishing privileges.

(3) It shall be the policy of the Commission to assess administrative penalties pursuant to Sections 379.365(2)(a) and (c), F.S., for conviction of a violation involving the sale, barter, trade, loan, or giving of stone crab trap certificates or trap tags without authorization from the Commission (subsection 68B-13.011(8), F.A.C.) as follows:

(a) For a first conviction:

1. Involving 5 or fewer stone crab trap certificates or trap tags - $1, 000,

2. Involving 6 or more stone crab trap certificates or trap tags - $1, 000 and suspension of the stone crab endorsement for the remainder of the fishing season.

(b) For a second conviction occurring within 24 months of a previous such violation:

1. Involving 5 or fewer stone crab trap certificates or trap tags - $1, 000 and suspension of the stone crab endorsement for 12 calendar months,

2. Involving 6 or more stone crab trap certificates or trap tags - $2, 000 and suspension of the stone crab endorsement for 12 calendar months.

(c) For a third conviction occurring within 36 months of two previous such violations:

1. Involving 5 or fewer stone crab trap certificates or trap tags - $3, 000 and suspension of the stone crab endorsement for 24 calendar months,

2. Involving 6 or more stone crab trap certificates or trap tags - $5, 000 and suspension of the stone crab endorsement for 24 calendar months.

(d) For a fourth conviction occurring within 48 months of three previous such violations, regardless of the number of stone crab trap tags involved, permanent revocation of the saltwater products license, all endorsements and associated fishing privileges.

(4) It shall be the policy of the Commission to assess an administrative penalty pursuant to Section 379.365(2)(d), F.S., for conviction of a violation involving fraudulently reporting the actual value of stone crab trap certificates on the Commission's trap certificate transfer form (subsection 68B-13.011(10), F.A.C.) as follows:

(a) If the difference between the actual value and the reported value of the trap certificate(s) is less than 25% of the actual value - suspension of the purchaser's stone crab endorsement for six calendar months.

(b) If the difference between the actual value and the reported value of the trap certificate(s) is between 25% and 49.9% of the actual value - suspension of the purchaser's stone crab endorsement for 12 calendar months and a fine in the amount equal to the original surcharge owed the Commission.

(c) If the difference between the actual value and the reported value of the trap certificate(s) is equal to or greater than 50% of the actual value - permanent revocation of the purchaser's stone crab endorsement and a fine in an amount equal to twice the original surcharge owed the Commission.

(5) It shall be the policy of the Commission to assess an administrative penalty pursuant to Section 379.365(2)(c), F.S., for conviction of a violation involving the willful molestation of a stone crab trap, trap line or buoy without permission of that license holder (subsection 68B-13.011(4), F.A.C.), as follows:

(a) For a first conviction - $2, 500 and suspension of the stone crab endorsement or incidental take endorsement for 12 calendar months;

(b) For a second and each of all subsequent such convictions - $5, 000 and suspension of the stone crab or incidental take endorsement for 24 calendar months.

(6) It shall be the policy of the Commission to assess an administrative penalty of $5, 000 and permanently revoke all saltwater products license privileges, including all saltwater products licenses, permits, endorsements and trap certificates pursuant to Section 379.365(2)(b), F.S., for conviction of a violation involving theft of trap contents (subsection 68B-13.011(3), F.A.C.).

(7) It shall be the policy of the Commission to assess an administrative penalty of $5, 000 and suspend the applicable endorsement pursuant to Section 379.365(2)(c)1., F.S., for conviction of a violation involving commercial harvest of stone crabs during the time period when that person's stone crab endorsement or incidental take endorsement is under suspension.

Notes

Fla. Admin. Code Ann. R. 68B-13.012

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

New 7-22-01.

New 7-22-01.