Section 68E-18.010 - Commission Policy Regarding the Assessment of Administrative PenaltiesIt shall be the policy of the Commission to assess administrative penalties pursuant to section 379.3671(2)(c)4., F.S., for a violation involving use of spiny lobster traps without current year trap tags as required by section 379.3671(2)(b), F.S.
(1) For a first violation of the referenced regulation, a penalty of up to $1,000 shall be assessed. The Commission shall assess these penalties as follows: (a) $25 per untagged trap for the possession or use of up to and including 20 untagged lobster traps;(b) $1,000 for possession or use of 21 or more untagged lobster traps.(2) For a second violation of the referenced regulation that occurs within 24 months after any previous such violation, an administrative penalty of up to $2,000 shall be assessed and the spiny lobster endorsement may be suspended for 12 months. The Commission shall assess these penalties as follows:(a) $50 per untagged trap for the possession or use of nine (9) or fewer such traps plus suspension of the spiny lobster endorsement for 12 months;(b) $75 per untagged trap for possession or use of 10 up to and including 20 such traps plus suspension of the spiny lobster endorsement for 12 months;(c) $2,000 and suspension of the spiny lobster endorsement for 12 months for possession or use of 21 or more untagged spiny lobster traps.(3) For a third violation that occurs within 36 months after any two previous such violations, an administrative penalty of up to $5,000 shall be assessed and the spiny lobster endorsement may be suspended for 24 months. The Commission shall assess these penalties as follows:(a) $100 per untagged spiny lobster trap and suspension of the spiny lobster endorsement for 12 months for possession or use of one (1) to nine (9) untagged traps;(b) $250 per untagged spiny lobster trap and suspension of the spiny lobster endorsement for 24 months for possession or use of 10 to 19 untagged traps;(c) $5,000 and suspension of the spiny lobster endorsement for 24 months for possession or use of 20 or more untagged spiny lobster traps.(4) A fourth violation that occurs within 48 months after any three previous such violations shall result in permanent revocation of all of the violator's saltwater fishing privileges, including having the Commission proceed against the endorsement holder's saltwater products license in accordance with section 379.407, F.S.Fla. Admin. Code Ann. R. 68E-18.010
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.3671(6). Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3671 FS.
New 7-9-02, Amended by Florida Register Volume 44, Number 229, November 27, 2018 effective 12/10/2018.New 7-9-02, Amended 12-10-18.