370.143  Retrieval of lobster and stone crab traps during closed season; department authority; fees.--

(1)  The Department of Environmental Protection is authorized to implement a trap retrieval program for retrieval of lobster and stone crab traps remaining in the water during the closed season for each species. The department is authorized to contract with outside agents for the program operation.

(2)  A retrieval fee of $10 per trap retrieved shall be assessed trap owners. Traps recovered under this program shall become the property of the department or its contract agent and shall be either destroyed or resold to the original owner. Revenue from retrieval fees shall be deposited in the Marine Resources Conservation Trust Fund and used for operation of the trap retrieval program.

(3)  Payment of the assessed retrieval fee shall be required prior to renewal of the trap owner's trap number as a condition of number renewal. Retrieval fees assessed under this program shall stand in lieu of other penalties imposed for such trap violations.

(4)  In the event of a major natural disaster, such as hurricane or major storm causing massive trap losses, the department shall waive the trap retrieval fee.