GAME AND FRESHWATER FISH Ch

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1 F.S.1979 GAME AND FRESHWATER FISH Ch. 372 CHAPTER 372 GAME AND FRESHWATER FISH D Definitions. Game and Fresh Water Fish Commission. Powers, duties, and authority of commission; rules, regulations, and orders. Freshwater organisms. J. W. Corbett and Cecil M, Webb Wildlife Management Areas. Everglades recreational sites; definitions; Everglades Recreational Planning Board. Headquarters of commission. Director of commission. Duties of director. Seal of commission; certificate as evidence. Meetings of the commission. Meetings; authority to hold at any point in state. Police powers of commission and its agents. Powers of arrest by agents ofdepartment of Natural Resources or Game and Fresh Water Fish Commission. Endangered and Threatened Species Act. Endangered and Threatened Species Reward Trust Fund. State Game Trust Fund established. Acquisition of state game lands. Control and management of state game lands. Private game preserves and farms; penalty. Preserves, refuges, etc., not tax exempt. Imported fish. Regulation of foreign animals. Silver Springs and Rainbow Springs, etc., closed to all fishing. Disposition of illegal fishing devices. Disposition and appraisal of property seized under this chapter. Forfeiture proceedings. Delivery of property to claimant. Proceeding when no claim filed. Proceeding when claim filed. State Attorney to represent state. Judgment of forfeiture. Service charges. Disposition of proceeds of forfeiture. Exercise of police power. Issuance of hunting and fishing licenses. Fishing, hunting, and trapping licenses. Expiration of licenses. Waterfowl stamp required for taking wild ducks or geese. Waterfowl Advisory Committee. Permits, land owned, etc., by state; fee. Appointment of subagents for issuance and sale of hunting, fishing and trapping licenses. Archery or muzzle-loading gun permit for hunting; fee False statement in application for license. Entering false information on licenses. License not transferable. Issuing of duplicate license. Reports and remittances of county tax collectors. Guide license and regulations. Freshwater fish or frog dealer's, etc., license. Haul seine and trawl permits; freshwater lakes in excess of500 square miles; fees. Required tagging of fish; lakes in excess of 500 square miles; tag fee; game fish taken in lakes of 500 square miles or less. License required for fur and hide dealers. Private hunting preserve, license; exception. Unlawful sale, possession or transporting of alligators or alligator skins. Alligator poachers; punishment; confiscation of equipment. Prima facie evidence of intent to violate laws protecting alligators. Sale of alligator products unlawful; penalty. Word "alligator," etc., not to be used in certain sales. Feeding or enticement of alligators or crocodiles unlawful; penalty.. Florida panther; killing prohibited; penalty. Freshwater fish dealers to report. Game and Fresh Water Fish Commission to furnish forms. Prosecutions. Arrest by officers of the Game and Fresh Water Fish Commission; recognizance; cash bond; citation. Fines and penalties; forfeiture of license. Disposition of fines, penalties, and forfeitures. Confiscation and disposition of illegally taken game, etc. Cooperative agreements with U. S. Forest Service; penalty. Use of explosives and other substances prohibited. Search and seizure authorized and limited. Issuance of warrant for search of private dwelling. Assent to provisions of Act of Congress of September 2, Federal conservation of fish and wildlife; limited jurisdiction. Penalties for violation of rules, regulations and orders relating to game and freshwater fish. Forfeiture of licenses, permits, etc. Contaminating fresh waters. Possessing, exhibiting poisonous or veno-

2 Ch. 372 GAME AND FRESHWATER FISH F.S.1979 mous reptile; license required License fee; renewal, revocation Bond required, amount Safe housing required Transportation Inspection Opening cages, etc., housing poisonous or venomous reptiles Penalty Organized poisonous reptile hunts Rules and regulations Exhibition of wildlife Personal possession of wildlife Florida Aquatic Weed Control Act Nonindigenous aquatic plant control Jim Woodruff Dam; reciprocity agreements St. Mary's River; reciprocity agreements Possession of nutria, license, inspection, penalty for violation Regulation of importation of caiman Illegal taking and possession of deer and wild turkey; evidence; penalty Seizure of illegal devices; disposition; appraisal; forfeiture Inapplicability of ss and Illegal possession or transportation of freshwater game fish in commercial quantities; penalty Seizure of illegal devices; disposition; appraisal; forfeiture Applicability of ss and Definitions.-In construing these statutes, when applied to salt and freshwater fish, shellfish, crustacea, sponges, wild birds and wild animals, where the context permits, the word, phrase or term: (1) "Residents of Florida" includes citizens of the United States who have continuously resided in the state for 1 year and in the county for 6 months; provided, however, members of the armed services stationed in Florida are deemed residents of this state. (2) "Fish and game" shall include all fresh and saltwater fish, shellfish, crustacea, sponges, wild birds and wild animals. (3) "Game animals" shall include deer and squirrels. (4) "Fur-bearing animals" shall include muskrat, mink, raccoon, otter, civet cat, skunk, red and gray fox, bear, panther and opossum. (5) "Game birds" shall include the anatidae, commonly known as swans, geese, brant and river and sea ducks; rallidae, commonly known as rails or marsh hens, coots and gallinules; limcolae, commonly known as shore birds, plovers, surf birds, snipe, woodcocks, sandpipers, tattlers and curlews; gallinae commonly known as wild turkeys, grouse, pheasants and quail; and the species of columbae, known as mourning doves (commonly called turtle doves). (6) "Nongame birds" shall include all wild birds other than game birds. (7) "Freshwater fish" shall include all classes of pisces that are indigenous to fresh water. 452 (8) "Saltwater fish" shall include all classes of pisces, shellfish, sponges and crustacea indigenous to salt water. (9) "Open season" shall be that portion of the year wherein the laws of Florida for the preservation of fish and game permit the taking of particular species of game or varieties of fish. (10) "Closed season" shall be that portion of the year wherein the laws of Florida forbid the taking of particular species of game or varieties of fish. (11) "Fresh water," except where otherwise provided by law, includes all lakes, rivers, canals, and other waterways of Florida, to such point or points where the fresh and salt waters commingle to such an extent as to become unpalatable and unfit for human consumption, because of the saline content, or to such point or points as may be fixed by the Commission of Game and Fresh Water Fish, by and with the consent ofthe board of county commissioners of the county or counties to be affected by such order. The Steinhatchee River shall be considered fresh water from its source to mouth. (12) "Salt water" shall include all bodies of water, streams, rivers, canals and waterways not defined as fresh water. (13) Wherever it is made "lawful to take" game, nongame birds, freshwater fish or fur-bearing animals or parts thereof or birds' nests or eggs, it shall mean the pursuit, hunting, capturing or killing thereof in the manner and at the time and by means specifically permitted. (14) Wherever it is made "unlawful to take" game, nongame birds, freshwater fish or fur-bearing animals or parts thereof or birds' nests or eggs, the phrase shall include pursuing, shooting, hunting, killing, trapping, capturing, snaring, netting, gigging, and collecting and all lesser acts such as worrying the same or placing or using any net or other device for the purpose of taking same, whether or not they result in the intended taking. (15) The phrase "common carrier" shall include any person, firm or corporation, who undertakes for hire, as a regular business, to transport persons or commodities from place to place offering his services to all such as may choose to employ him and pay his charges. (16) "Transport" shall include shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation or carriage or export. (17) The word "guide" shall include any person engaged in the business of guiding hunters or hunting parties, fishermen or fishing parties, for compensation. (18) "Shellfish" shall include oysters, clams and whelks. (19) "Coon oysters" are oysters found growing in bunches along the shore between high and low-water mark. (20) "Reef bunch oysters" are oysters found growing on the bars or reefs in the open bay and exposed to the air between high and low tide. (21) "Food fish" shall include mullet, trout, red fish, sheephead, pompano, mackerel, bluefish, red snapper, grouper and all other fish generally used for human consumption.

3 F.S.1979 GAME AND FRESHWATER FISH Ch. 372 (22) A "natural" oyster or clam reef, or bed, or bar, shall be considered and defined as an area containing not less than 100 square yards of the bottom where oysters or clams are found in a stratum. (23) "Private hunting preserve" shall include any area set aside by a private individual or concern on which artificially propagated game or birds are taken. (24) "A fish management area" is a pond, lake or other water within a county or within several counties designated to improve fishing for public use and established and specifically circumscribed for authorized management by the Game and Fresh Water Fish Commission and the board of county commissioners of the county in which such waters lie under agreement between the commission and an owner with approval by the board of county commissioners or under agreement with the board of county commissioners for use of public waters in the county in which such waters lie. History.-s. 7, ch. 3147, 1879; ss. 1, 2, 3, ch. 3292, 1881; RS 2761, 2762; ss. 1, 18, 21, ch. 6532, 1913; ss. 11, 17, ch. 6877, 1915; RGS 1230, 1247, 1249, 1272, 5830; s. 1, ch. 8588, 1921; s. 1, ch , 1927; CGL 1788, 1805, 1807, 1840, 1902, 8063; s. 1, ch , 1929; CGL 1936 Supp. 1977(1); s. 1, ch , 1939; CGL 1940 Supp. 1977(1-a); s. 1, ch ; s. 1, ch ; s. 1, ch Note.-Former s Game and Fresh Water Fish Commis sion.- (1) The Game and Fresh Water Fish Commission shall consist of five members who shall be appointed by the Governor, subject to confirmation by the Senate, for staggered terms of 5 years. (2) Members so appointed shall annually select one of their members as chairman. Such chairman may be removed at any time for sufficient cause, by the affirmative vote of the majority of the members of the commission. In case the said office of chairman becomes vacant by removal or otherwise, the same may be filled for the unexpired term at any time by the commission from its members. (3) Commission members shall receive no compensation for their services as such, but shall be reimbursed for traveling expenses as provided in s History.-s. 2, ch.13644, 1929; s. 1, ch , 1935; CGL 1936 Supp. 1977(2); s. 1, ch , 1951, s. 19, ch , s. 105, ch , s. 1, ch cf.-s. 9, Art. IV, State Const Powers, duties, and authority of commission; rules, regulations, and orders.-the Game and Fresh Water Fish Commission may exercise the powers, duties, and authority granted by s. 9, Art. IV of the Constitution of Florida by the adoption of rules, regulations, and orders in accordance with chapter 120. History.-ss. 4, 5, ch , 1943; s. 7, ch ; ss. 10, 35, ch ; s. 103, ch ; s. 16, ch Note.-Former s Freshwater organisms.- (1) The Division of Fisheries of the Game and Fresh Water Fish Commission, in order to manage the promotion, marketing, and quality control of all freshwater organisms produced in Florida and utilized commercially so that such organisms shall be used to produce the optimum sustained yield consistent with the protection of the breeding stock, is directed and charged with the responsibility of: (a) Providing for the regulation of the promotion, marketing, and quality control of freshwater organisms produced in Florida and utilized commercially. (b) Regulating the processing of commercial freshwater organisms on the water or on the shore. (c) Providing documentation standards and statistical record requirements with respect to commercial freshwater organism catches. (d) Regulating aquacultural facilities. (e) Conducting scientific, economic, and other studies and research on all freshwater organisms produced in the state and used commercially. (2) The responsibility with which the Division of Fisheries is charged under subsection (1) shall in no way supersede or duplicate the responsibilities of the Department of Agriculture and Consumer Services under chapter 500, the Florida Food, Drug, and Cosmetic Law, and the rules promulgated thereunder. History.-ss. 1, 2, ch J. W. Corbett and Cecil M. Webb Wildlife Management Areas.- (1) The Game and Fresh Water Fish Commission of this state is neither authorized nor empowered to do the following as to the J. W. Corbett Wildlife Management Area in Palm Beach County or the Cecil M. Webb Wildlife Management Area without the approval of the Board of Trustees ofthe Internal Improvement Trust Fund that such action is in the best interest of orderly and economical development of said area, viz.: (a) To trade, barter, lease, or exchange lands therein for lands of greater acreage contiguous to said wildlife management areas. (b) To grant easements for construction and maintenance of roads, railroads, canals, ditches, dikes and utilities, including but not limited to telephone, telegraph, oil, gas, electric power, water and sewers. (c) To convey or release all rights in and to the phosphate, minerals, metals and petroleum that is or may be in, on or under any lands traded, bartered, leased or exchanged pursuant to paragraph (a). (2) The Board of Trustees of the Internal Improvement Trust Fund and the State Board of Education and all and every board, state department or state agency of the state having any title, right and interest in or to the land including oil and mineral rights in the lands to be traded, bartered, leased or exchanged within the J. W. Corbett Wildlife Management Area in Palm Beach County, is authorized and empowered to convey this interest of whatsoever nature to the record owner. (3) Moneys received from the sale oflands within either wildlife management area, less reasonable expenses incident to the sale, shall be used by the Game and Fresh Water Fish Commission to acquire acreage contiguous to the wildlife management area or lands of equal wildlife value. The sale shall be made directly to the state, notwithstanding the procedures of ss and to the contrary. History.-ss. 1, 2, ch , 1956; ss. 27, 35, ch ; s. 1, ch ; s. 1, ch cf.-s Title to state lands Everglades recreational sites; definitions; Everglades Recreational Planning Board.-

4 Ch. 372 GAME AND FRESHWATER FISH F.S.1979 (1) PURPOSE.-It is the intent of the Legislature to provide for the development and management of recreational sites in the water conservation areas of the Florida Everglades when such development: (a) Can be accomplished without endangering the water quality and quantity of supply and where environmental impact will be minimal. (b) Is located on the exterior fringes of the Everglades to discourage extensive uncontrolled use of the interior regions. (c) Is located where convenient access is possible for the millions of Floridians living in urban areas. (d) Offers recreational potential for nature trails, bird study, picnic areas, boating, fishing, hunting, and target shooting. (e) Is located where proper management and law enforcement can be provided. (2) DEFINITIONS.-As used in this section: (a) "Commission" means the Game and Fresh Water Fish Commission. (b) "Flood control district" means the Central and Southern Florida Flood Control District Board. (c) "Indian reservations" means lands as designated by chapter 285. (d) "Buffer zone" means an area located between developed and wilderness areas where some restrictions on the type of future development shall be imposed. (e) "Preliminary plan" means those suggested guidelines as herein provided to be considered by the Everglades Recreational Planning Board in arriving at its final plan for implementation. CD "Development of recreational sites" means any improvements to existing facilities or sites and also such new selection and improvements as are needed for the various recreational activities as herein provided. (3) RECREATIONAL SITES.-The Game and Fresh Water Fish Commission is directed to develop, manage, and enforce laws on certain recreational sites in the water conservation areas of the Everglades from funds to be appropriated by the legislature and in accordance with plans and assistance to be provided by the Everglades Recreational Planning Board as hereafter created. '(4) EVERGLADES RECREATIONAL PLAN NING BOARD.- (a) The Governor shall appoint a board of 13 members to be known as the Everglades Recreational Planning Board in accordance with the following procedures: 1. The members of the board shall be appointed with the confirmation of the Florida Senate and serve at the pleasure of the Governor. They shall serve without compensation, but shall be reimbursed for travel expenses incurred in connection with their duties as provided by law. 2. The Governor shall appoint such members of the board as to insure that a minimum of two members are appointed to represent each of the Counties of Broward, Dade, and Palm Beach. 3. The Governor shall appoint to the board two members from the Central and Southern Florida Flood Control District Board, two members from the Game and Fresh Water Fish Commission, and one 454 member from the Division of Recreation and Parks, Department of Natural Resources. 4. The Governor shall appoint to the board a minimum of one member to represent each of the two Indian reservations of south Florida. 5. The Governor shall appoint such members of the board as to attempt to provide representation on the board for such recreational interests as in nature trails, picnic areas, arboretums, camping, bird study, boating, fishing, hunting, and target shooting. 6. The Governor shall appoint such members as to attempt to provide representation on the board in the fields of biology or habitat management and hydrology. (b) A chairman of the board to be chosen from among the 13 members shall be appointed by, and serve at the pleasure of, the Governor. (c) The duties of the board will be to: 1. Meet at the call of the chairman whenever he determines that to be necessary. 2. Hold public hearings at the call of the chairman for interested groups and individuals when the chairman determines that to be of value. 3. Prepare a first-year plan and a five-year plan for development of recreational sites in the water conservation areas of the Florida Everglades. 4. Include in its plans a determination of the advisability of creating buffer zones to protect water conservation areas and Indian reservation areas from possible harmful use or development and insure that these plans conform as much as possible with the preliminary plan for location and development of specified recreation sites. -5. Provide the Game and Fresh Water Fish Commission with a copy of the first-year plan no later than October 1, 1973, and provide the commission with a copy of the proposed five-year plan no later than January 1, Provide advice and assistance to the commission during the implementation of such plans. 7. Provide coordination among the commission, the flood control district, and other parties that may be involved in the design and implementation of these plans. 8. Report to the Governor and Legislature prior to January 1, 1974, on the progress of these plans. (5) No recreational site will be developed on any Indian reservations as created by chapter 285 without first obtaining written approval for such development from the Indians of the particular reservation lands affected. History.-ss. 1-5, ch ; s. 1, ch ; s. 4, ch 'Note.-Repealed by s. 4, ch , effective October 1, 1981, except for the possible effect of laws affecting this subsection prior to that date Headquarters of commission.-the Game and Fresh Water Fish Commission is located at the state capital, and, when suitable adequate office space cannot be provided in the state capitol building, or other buildings owned by the state, the commission may rent or lease suitable office space in Tallahassee. Said commission may also rent or lease suitable and adequate space in other cities and towns of the state for branch or division offices and headquarters and store rooms for equipment and supplies, as the business of the commission may require or necessitate, payment for said rented or

5 F.S.1979 GAME AND FRESHWATER FISH Ch. 372 leased premises to be made from the state game trust fund. History.-s. 2, ch , 1929; s. 1, ch , 1935; CGL 1936 Supp. 1977(2); s. 2, ch Director of commission.-the commission shall appoint, fix the salary of, and at pleasure remove, a suitable person, not a member of the commission, as director. Said director shall be reimbursed for traveling and other expenses incurred in the discharge of his official duties. The director shall give bond in the sum of $10,000, conditioned upon the faithful performance of his official duties, payable to the governor and his successors in office, with some reputable bonding corporation authorized to do business in this state as surety, said bond to be approved by the Department of Banking and Finance. Said director shall maintain his headquarters and reside in Tallahassee. History.-s. 2, ch.13644,1929; s. 1, ch.17016,1935; CGL 1936 Supp. 1977(2); s. 2, ch , 1951; ss. 12, 35, ch Duties of director.-the director shall: (1) Keep full and correct minutes of the proceedings of said commission at its meetings, which minutes shall be open for public inspection. (2) Purchase such supplies and employ such help and assistants as may be reasonably necessary in the performance of his duties. (3) Have full authority to represent the commission in its dealings with other state departments, county commissioners, and the federal government. (4) Submit to the commission at each of its meetings a report of all his actions and doings as official representative of the commission. (5) Visit each county in the state at least once each year and oftener if it appears to him to be necessary. (6) Appoint, fix salaries of, and at pleasure remove, subject to the approval of the commission, assistants and other employees who shall have such powers and duties as may be assigned to them by the commission or director. (7) Have such other powers and duties as may be prescribed by the commission in pursuance of its duties under s. 9, Art. IV, of the State Constitution. History.-ss. 2, 3, ch , 1929; s. 1, ch , 1935; CGL 1936 Supp. 1977(2), 1977(3); s. 3, ch , 1951; s. 7, ch Seal of commission; certificate as evidence.-the Game and Fresh Water Fish Commission shall adopt and use a common seal, and a certificate under the seal of the commission, signed by its chairman and attested by its director shall constitute sufficient evidence of the action of the commission; and copies of the minutes ofthe commission, or any part thereof, or of any record or paper of said commission, or any part thereof, or of any rule, regulation, or order of the commission, or any part thereof, or of any code of rules, regulations or orders of the commission, or any part thereof, certified by the director of the commission under its seal, shall be admissible in evidence in all cases and proceedings in all courts, boards and commissions ofthis state without further authentication. History.-s. 3, ch , 1943; s. 4, ch , Note.-Former s Meetings of the commission.-at least four meetings of the Game and Fresh Water Fish Commission shall be held at the state capital no less frequently than once every 3 months, which meetings shall be known as the quarterly meetings of the commission; other meetings may be held at such times and places as may be decided upon or as provided by rules of the commission, such meetings to be called by the executive secretary on not less than 1 week's notice to all members of the commission; or meetings may be held upon the request in writing of three members of the commission, at a time and place to be designated in the request, and notice of such meetings shall be given at least 1 week in advance thereof to all members of the commission by the executive secretary. Three members shall constitute a quorum at any meeting of the commission. No action shall be binding when taken up by the commission, except at a regular or call meeting and duly recorded in the minutes of said meeting. History.~s. 2, ch , 1929; s. 1, ch , 1935; CGL 1936 Supp. 1977(2) Meetings; authority to hold at any point in state.-from and after June 15, 1953, the Game and Fresh Water Fish Commission of the state is hereby authorized and empowered to hold its meetings at any point in the state. Hlstory.-ss. 1, 2, ch , 1953; s. 16, ch Police powers of commission and its agents.- (1) The Game and Fresh Water Fish Commission, the director and his assistants designated by him, and each wildlife officer are constituted peace officers with the power to make arrests for violations of the laws of this state when committed in the presence of the officer or when committed on lands under the supervision and management of the commission. The general laws applicable to arrests by peace officers of this state shall also be applicable to said director, assistants, and wildlife officers. Such persons may enter upon any land or waters of the state for performance of their lawful duties and may take with them any necessary equipment, and such entry shall not constitute a trespass. (2) Said officers shall have power and authority to enforce throughout the state all laws relating to game, nongame birds, freshwater fish, and fur-bearing animals and all rules and regulations of the Game and Fresh Water Fish Commission relating to wild animal life and freshwater aquatic life, and in connection with said laws, rules, and regulations, in the enforcement thereof and in the performance of their duties thereunder, to: (a) Go upon all premises, posted or otherwise; (b) Execute warrants and search warrants for the violation of said laws; (c) Serve subpoenas issued for the examination, investigation, and trial of all offenses against said laws; (d) Carry firearms or other weapons, concealed or otherwise, in the performance of their duties; (e) Arrest upon probable cause without warrant any person found in the act of violating any of the provisions of said laws or, in pursuit immediately following such violations, to examine any person, boat, conveyance, vehicle, game bag, game coat, or 455

6 Ch. 372 GAME AND FRESHWATER FISH F.S.1979 other receptacle for wild animal life or freshwater aquatic life, or any camp, tent, cabin, or roster, in the presence of any person stopping at or belonging to such camp, tent, cabin, or roster, when said officer has reason to believe, and has exhibited his authority and stated to the suspected person in charge his reason for believing, that any of the aforesaid laws have been violated at such camp; (f) Secure and execute search warrants and in pursuance thereof to enter any building, enclosure, or car and to break open, when found necessary, any apartment, chest, locker, box, trunk, crate, basket, bag, package, or container and examine the contents thereof; (g) Seize and take possession of all wild animal life or freshwater aquatic life taken or in possession or under control of, or shipped or about to be shipped by, any person at any time in any manner contrary to said laws. (3) It is unlawful for any person to resist an arrest authorized by this section or in any manner to interfere, either by abetting, assisting such resistance, or otherwise interfering with said director, assistants, or wildlife officers while engaged in the performance of the duties imposed upon them by law or regulation of the Game and Fresh Water Fish Commission. History.-s. 3, ch , 1929; s. 1, ch , 1935; CGL 1936 Supp. 1977(3); s. 7, ch , 1945; s. 1, ch Powers of arrest by agents of Department of Natural Resources or Game and Fresh Water Fish Commission.-Any certified law enforcement officer of the Department of Natural Resources or the Game and Fresh Water Fish Commission, upon receiving information, relayed to him from any law enforcement officer stationed on the ground, on the water, or in the air, that a driver, operator, or occupant of any vehicle, boat, or airboat has violated any section of chapter 370, chapter 371, or chapter 372, may arrest the driver, operator, or occupant for violation of said laws when reasonable and proper identification of the vehicle, boat, or airboat and reasonable and probable grounds to believe that the driver, operator, or occupant has committed or is committing any such offense have been communicated to the arresting officer by the other officer stationed on the ground, on the water, or in the air. History.-s. 1, ch ; s. 1, ch Endangered and Threatened Species Act.- (1) SHORT TITLE.-This section may be cited as the "Florida Endangered and Threatened Species Act of 1977." (2) DECLARATION OF POLICY.-The Legislature recognizes that the State of Florida harbors a wide diversity of fish and wildlife and that it is the policy of this state to conserve and wisely manage these resources, with particular attention to those species defined by the Game and Fresh Water Fish Commission, the Department of Natural Resources, or the U.S. Department of Interior, or successor agencies, as being endangered or threatened. As Florida has more endangered and threatened species than any other continental state, it is the intent of the Legislature to provide for research and management to conserve and protect these species as a natural resource. (3) DEFINITIONS.-As used in this section: (a) "Fish and wildlife" means any member of the animal kingdom, including, but not limited to, any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate. (b) "Endangered species" means any species of fish and wildlife naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat; over-utilization for commercial, sporting, scientific or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence. (c) "Threatened species" means any species of fish and wildlife naturally occurring in Florida which may not be in immediate danger of extinction, but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment. '(4) ESTABLISHMENT OF AN ADVISORY COUNCIL.- (a) The Director of the Game and Fresh Water Fish Commission shall establish an Endangered and Threatened Species Advisory Council consisting of 10 members. Six members shall be appointed by the Director of the Game and Fresh Water Fish Commission, and four members shall be appointed by the Executive Director of the Department of Natural Resources. The council shall be composed of representatives from appropriate state agencies and private conservation groups and private citizens with knowledge and experience in fish and wildlife conservation and management. Each member shall be appointed for 2 years and shall be eligible for reappointment. (b) The Director of the Game and Fresh Water Fish Commission shall call an organizational meeting of the Endangered and Threatened Species Advisory Council as soon as possible to elect a chairman to preside over council meetings and perform any other duties directed by the council or required by its duly adopted policies and operating procedures. The primary responsibilities of the council shall be to: 1. Provide a communications liaison between council representatives and the staffs of the Game and Fresh Water Fish Commission and the Department of Natural Resources for inventorying, reviewing, and supporting endangered and threatened species conservation and management. 2. Formulate and recommend to the Director of the Game and Fresh Water Fish Commission and the Executive Director of the Department of Natural Resources rules and policies for endangered and threatened species research and management. (c) Members of the council shall be entitled to receive per diem and expenses for travel, as provided for in s , while carrying out official business with the council, from funds provided to the Game and Fresh Water Fish Commission under this section. (5) INTERAGENCY COORDINATION.- (a)l. The Game and Fresh Water Fish Commission shall be responsible for research and manage-

7 F.S.1979 GAME AND FRESHWATER FISH Ch. 372 ment of freshwater and upland species. 2. The Department of Natural Resources shall be responsible for research and management of marine species. (b) Recognizing that citizen awareness is a key element in the success of this plan, the Game and Fresh Water Fish Commission, the Department of Natural Resources, and the Office of Environmental Education of the Department of Education are encouraged to work together to develop a public education program with emphasis on, but not limited to, both public and private schools. (6) ANNUAL REPORT.-The Director of the Game and Fresh Water Fish Commission, in consultation with the Executive Director of the Department of Natural Resources, shall, at least 30 days prior to the 1978 Session of the Legislature, transmit to the Governor and Cabinet, the President of the Senate, the Speaker of the House of Representatives, and the chairmen of the appropriate Senate and House committees, a plan for management and conservation of endangered and threatened species, including: (a) Criteria for research and management priorities. (b) A description of the educational program. (c) Statewide policies pertaining to protection of endangered and threatened species. (d) Additional legislation which may be required. (e) The recommended level of funding for the following year. A revision and update of this overall management and conservation plan shall be submitted annually, along with a progress report and budget request. History.-ss. 1-6, ch ; s. 4, ch ; s. 82, ch 'Note.-Repealed by s. 4, ch , effective October 1, 1981, except for the possible effect of laws affecting this subsection prior to that date Endangered and Threatened Species Reward Trust Fund.- (1) There is established within the Game and Fresh Water Fish Commission the Endangered and Threatened Species Reward Trust Fund to be used exclusively for the purposes of this section. The fund shall be for the primary purpose of posting rewards to persons responsible for providing information leading to the arrest and conviction of persons illegally killing or wounding or wrongfully possessing any of the endangered and threatened species listed on the official Florida list of such species maintained by the commission or the arrest and conviction of persons who violates or s The fund shall be credited with money collected pursuant to s (2). Additional funds may be provided by donations from interested individuals and organizations and from legislative appropriations. The reward program is to be administered by the commission under the advisement of the Florida Endangered and Threatened Species Advisory Council. The commission shall establish a schedule of rewards after considering any recommendations of the council. (2) Proceeds from the fund shall be expended only for the following purposes: (a) The payment of rewards to persons, other than law enforcement officers, commission personnel, and members of their immediate families, for 457 information as specified in subsection (1); or (b) The promotion of public recognition and awareness of the endangered and threatened species reward program. History.-s. 2, ch State Game Trust Fund established. The funds resulting from the operation of the commission and from the administration of the laws and regulations pertaining to birds, game, fur-bearing animals, freshwater fish, reptiles, and amphibians, together with any other funds specifically provided for such purposes shall constitute the State Game Trust Fund and shall be used by the commission as it shall deem fit in carrying out the provisions hereof and for no other purposes. The commission may not obligate itself beyond the current resources of the State Game Trust Fund unless specifically so authorized by the Legislature. History.-s. 13, ch , 1929; s. 1, ch , 1935; CGL 1936 Supp. 1977(3); s. 7, ch , Acquisition of state game lands.-the Game and Fresh Water Fish Commission, with the approval of the Governor, may acquire, in the name of the state, lands and waters suitable for the protection and propagation of game, fish, nongame birds or fur-bearing animals, or for hunting purposes, game farms, by purchase, lease, gift or otherwise to be known as state game lands. The said commission may erect such buildings and fences as may be deemed necessary to properly maintain and protect such lands, or for propagation of game, nongame birds, freshwater fish or fur-bearing animals. The title of land acquired by purchase, lease, gift or otherwise, shall be approved by the Department of Legal Affairs. The deed to such lands shall be deposited as are deeds to other state lands. No such lands shall be purchased at a price to exceed $10 per acre. No property acquired under this section shall be exempt from state, county or district taxation. History.-ss. 6, 67, ch , 1929; CGL 1936 Supp. 1977(6), 1977 (67); s. 7, ch , 1945; s. 25, ch , 1955; ss. 11, 35, ch cf.-s Title to state lands. s Preserves, refuges, etc., not tax exempt Control and management of state game lands.- (1) The Game and Fresh Water Fish Commission is authorized to make, adopt, promulgate, amend, repeal, and enforce all reasonable rules and regulations necessary for the protection, control, operation, management, or development of lands or waters owned by, leased by, or otherwise assigned to, the commission for fish or wildlife management purposes, including but not being limited to the right of ingress and egress. Before any such rule or regulation is adopted, other than one relating to wild animal life or freshwater aquatic life, the commission shall obtain the consent and agreement, in writing, ofthe owner, in the case of privately owned lands or waters, or the owner or primary custodian, in the case of public lands or waters, and the formal approval of the board of county commissioners of the county or counties in which such areas are situated.

8 Ch. 372 GAME AND FRESHWATER FISH F.S.1979 (2) Any person violating or otherwise failing to comply with any rule or regulation so adopted is guilty ofa misdemeanor of the second degree, punishable as provided in s or s History.-s. 1, ch ; s. 306, ch Private game preserves and farms; penalty.- (1) Any person owning land in this state may, after having secured a license therefor from the Game and Fresh Water Fish Commission, establish, maintain and operate within the boundaries thereof, a private preserve and farm, not exceeding an area of six hundred forty acres, for the protection, preservation, propagation, rearing and production of game birds and animals for private and commercial purposes, provided that no two game preserves shall join each other or be connected. (2) All private game preserves or farms established under the provisions of this section shall be fenced in such manner that domestic game thereon may not escape and wild game on surrounding lands may not enter and shall be subject at any time to inspection by the Game and Fresh Water Fish Commission, or its conservation officers. Such private preserve or farm shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the game kept thereon. Game reared or produced on private game preserves and farms shall be considered domestic game and private property and may be sold or disposed of as such and shall be the subject of larceny. Live game may be purchased, sold, shipped and transported for propagation and restocking purposes only at any time. Such game may be sold for food purposes only during the open season provided by law for such game. All game killed must be killed on the premises of such private game preserve or farm and must be killed by means other than shooting, except during the open season. All domestic game sold for food purposes must be marked or tagged in a manner prescribed by the Game and Fresh Water Fish Commission and the owner or operator of such private game preserve or farm shall report to the said commission, on blanks to be furnished by it, each sale or shipment of domestic game, such reports showing the quantity and kind of game shipped or sold and to whom sold. Such report shall be made not later than 5 days following such sale or shipment. Game reared or produced as aforesaid may be served as such by hotels, restaurants or other public eating places during the open season provided by law on such particular species of game, under such regulations as the commission may prescribe. (3) It is unlawful for any common carrier to knowingly transport or receive for transportation any domestic game unless the package or container containing such shipment has attached thereto a permit for such shipment and such package or container shall be marked on the outside showing quantity and kind of game enclosed. s Any person convicted of violating the provisions of this section shall forfeit, to the Commission of Game and Fresh Water Fish, any license or permit issued under the provisions hereof and no further license or permit shall be issued to such person for a period of one year following such conviction. Before any private game preserve or farm is established the owner or operator shall secure a license from the Game and Fresh Water Fish Commission, the fee for which shall be $5 per annum. History.-s. 70-A, ch , 1929; ss. 1-9, ch , 1929; CGL 1936 Supp. 1901(5)-(15), 1977(71 ); s. 307, ch Preserves, refuges, etc., not tax exempt.-no property acquired by purchase, lease, gift, contract to purchase or lease, or otherwise, unc der the provisions of this chapter, as state game lands, or any private lands used as game refuges, shooting grounds, privileges, hatcheries or breeding grounds for fish, game, birds or fur-bearing animals, except state-owned lands being used for the protection of game, fish or fur-bearing animals under the provisions of this chapter, shall be exempt from state, county or district taxation. Any contract, lease, gift or purchase of land for such purposes which attempts to exempt or partially exempt such property from taxation shall be null and void and of no effect. History.-s. 67, ch , 1929; CGL 1936 Supp. 1977(67). cf.-s Acquisition of state game lands Imported fish.-no person shall import into the state or place in any of the fresh waters of the state any freshwater fish of any species without having first obtained a permit from the Game and Fresh Water Fish Commission. This restriction shall not apply to the Department of Natural Resources, acting under authority of s (4). History.-s. 37, ch , 1929; CGL 1936 Supp. 1977(37); s. 1, ch Regulation of foreign animals.- ( I) It is unlawful to import for sale or use, or to release within this state, any species of the animal kingdom not indigenous to Florida without having obtained a permit to do so from the Game and Fresh Water Fish Commission. This restriction shall not apply to the Department of Natural Resources, acting under authority of s (4). (2) The Game and Fresh Water Fish Commission is authorized to issue or deny such a permit upon the completion of studies of the species made by it to determine any detrimental effect the species might have on the ecology of the state. (3) Persons in violation of this section shall be guilty of a misdemeanor of the first degree, punishable as provided ins or s History.-s. 1, ch ; s. 308, ch ; s. 2, ch ,27 Silver Springs and Rainbow Springs, etc., closed to all fishing.-it is unlawful for any person to take any fish within Marion County, from the waters of Rainbow Springs and Rainbow River (4) Any person violating the provisions of this (formerly known as Blue Springs and Blue Springs section shall for the first offense be guilty of a misdemeanor ofthe second degree, punishable as provided River) within a radius ofl mile from the head of said spring or from the waters of Silver Springs or Silver ins or s , and for a second or subsequent offense shall be guilty of a misdemeanor of the Springs Run from the head of said spring to itsjunc tion with the Oklawaha River; provided, that the first degree, punishable as provided ins or Commission of Game and Fresh Water Fish may 458

9 F.S.1979 GAME AND FRESHWATER FISH Ch. 372 remove or cause to be removed any gar, mud fish or other predatory fish when in its judgment their removal is desirable. History.-ss. 34, 34-A, ch , 1929; s. 1, ch , 1935; CGL 1936 Supp. 1977(34), (34-a); s. 6, ch , 1951; s. 1, ch , Disposition of illegal fishing devic es.- (1) In all cases of arrest and conviction for use of illegal nets or traps or fishing devices, as provided in this chapter, such illegal net, trap, or fishing device is declared to be a nuisance and shall be seized and carried before the court having jurisdiction of such offense and said court shall order such illegal trap, net or fishing device forfeited to the Game and Fresh Water Fish Commission immediately after trial and conviction of the person in whose possession they were found. When any illegal net, trap or fishing device is found in the fresh waters of the state, and the owner of same shall not be known to the officer finding the same, such officer shall immediately procure from the county court judge an order forfeiting said illegal net, trap or fishing device to the Game and Fresh Water Fish Commission. The Game and Fresh Water Fish Commission may destroy such illegal net, trap or fishing device, ifin its judgment said net, trap or fishing device is not of value in the work of the department.. (2) When any nets, traps, or fishing devices are found being used illegally as provided in this chapter, the same shall be seized and forfeited to the Game and Fresh Water Fish Commission as provided in this chapter. History.-s. 25, ch , 1929; CGL 1936 Supp. 1977(25); s. 1, ch ; s. 103, ch Disposition and appraisal of property seized under this chapter.- (1) Every officer seizing illegally used property pursuant to the provisions of this law shall forthwith make return of the seizure thereof and deliver the said property to the board of county commissioners of the county wherein the said property was seized. The said return to the board of county commissioners shall describe the property seized and give in detail the facts and circumstances under which the same was seized and state in full the reason why the seizing officer knew, or was led to believe, said property was being used for and in connection with a violation of the statutes and laws of this state prohibiting the illegal use of nets, traps or fishing devices. The said return shall contain the names of all persons, firms and corporations known to the seizing officer to be interested in the seized property. (2) When any illegally used property is seized by any officer pursuant to this law and delivered to the board of county commissioners as aforesaid, the board shall forthwith fix the approximate value thereof and make return thereof to the Clerk of the Circuit Court as hereinafter provided. (3) The return of the board of county commissioners shall contain a schedule of the property seized, describing the same in reasonable detail and giving in detail the facts and circumstances under which it was seized and state in full the reason why the seizing officer knew or was led to believe that the property was being used for or in connection with a 459 violation of the statutes and laws of this state prohibiting the illegal use of nets, traps, or fishing devices; and a statement of the names of all persons, firms and corporations known to be interested in the seized property and shall attach to their said return as exhibit thereto, the return of the seizing officer to the board. (4) The board of county commissioners shall hold the said seized property pending its disposal by the court as hereinafter provided. History.-s. 2, ch Forfeiture proceedings.- (!) The return of the board aforesaid to the c:jerk of the circuit court shall be taken and considered as the state's petition or libel in rem for the forfeiture of the property therein described, of which the circuit court of the county shall have jurisdiction, without regard to value. The said return shall be sufficient as said petition or libel notwithstanding the fact that it may contain no formal prayer or demand for forfeiture, it being the intention of the Legislature that forfeiture may be decreed without a formal prayer or demand therefor. The said return_shall be subject to amendment at any time before final hearing, provided that copies thereof shall be served upon all persons, firms or corporations who may have filed a claim prior to such amendment. (2) Upon the filing of said return the clerk of the circuit court shall issue a citation, directed to all persons, firms and corporations owning, having or claiming an interest in or lien upon the seized property, giving notice of the seizure and directing that all persons, firms or corporations owning, having or claiming an interest therein or lien thereon to file their claim to, on, or in said property within the time fixed in said citation, as to persons, firms and corporations not personally served, and within 20 days from personal service of said citation, when personal. service is had. (3) The said citation may be in, or substantially in, the following form: IN THE CIRCUIT COURT OF THE... JUDICIAL CIRCUIT, IN AND FOR... COUNTY, FLORIDA. IN RE FORFEITURE OF THE FOLLOWING DE SCRIBED PROPERTY: (here describe property) THE STATE OF FLORIDA TO: ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR CLAIMING AN INTER EST IN OR LIEN ON THE ABOVE DESCRIBED PROPERTY YOU AND EACH OF YOU are hereby notified that the above described property has been seized, under and by virtue of chapter 372, as amended, and is now in the possession of the board of county commissioners of this county, and you, and each of you, are hereby further notified that a petition, under said chapter, has been filed in the circuit court of the..... Judicial Circuit, in and for... County, Florida, seeking the forfeiture of the said property, and you are hereby directed and required to file your claim, if any you have, and show cause, on or before..., 19..., if not personally served with process herein, and within twenty days from personal service if personally served with process herein, why the said