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

(1)  The Fish and Wildlife Conservation Commission 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 commission 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. However, for persons holding a stone crab endorsement issued under rule of the Fish and Wildlife Conservation Commission, the retrieval fee shall be waived for the first five traps retrieved. Traps recovered under this program shall become the property of the commission or its contract agent, as determined by the commission, 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 solely for operation of the trap retrieval program.

(3)  Payment of all assessed retrieval fees shall be required prior to renewal of the trap owner's saltwater products license and stone crab and or crawfish endorsements. 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 in an area declared by the Governor to be a disaster emergency area, such as a hurricane or major storm causing massive trap losses, the commission shall waive the trap retrieval fee.