SALT WATER FISHERIES AND CONSERVATION - Florida State ...

Ch. 370 SALT WATER FISHERIES AND CONSERVATION Ch. 370
by water desired, and shall pray that the ap- which shall be kept exclusively for that purplication
be filed; that the water bottoms be pose by the said division; thereafter such
surveyed and a plat or map of the survey there- lessees shall enjoy the exclusive use of said
of be made if no plat or map of such bottoms lands and all oyster and clams, shell and cultch
should have been so made thereto, and that grown or placed thereon shall be the exclusive
the water bottoms described be leased t') the property of such lessee as long as he shall comapplicant
under the provIsions of this section; ply with the provisions of this chapter. The disuch
applicant shall accompany with his writ- vision shall require the lessee to stake off and
ten application a sufficient sum to defray the mark the water bottoms leased, by such ranges,
estimated expenses of the survey; theretipon monuments, stakes, buoys, etc., so placed and
the said division shall file such application and made as not to interfere with the navigation,
shall direct the same surveyed and platted as it may deem necessary to locate the same to
forthwith at the expense of the applicant. the end that the location and limits of the
When applications are made by two or more lands embraced in such lease be easily and acpersons
for the same lands, they shall be leased curately found and fixed, and such lessee shall
to the applicant who first filed application for keep the same in good condition during the
same; but to all applications for leases of any open oyster or clam season. Failure on the
of the bottoms of said waters owned under the part of the lessee to comply with the orders of
riparian acts of the laws of Florida, heretofore the said division to this effect within the time
enacted, notice of such application shall be fixed by it, and to keep the same in good condigiven
the riparian owner, when known, and tion during the open oyster or clam season,
when not known, notice of such application shall subject such lessee to a fine not exceedshall
be given by publication for four weeks in ing twenty-five dollars, for each and every such
some newspaper published in the county in offense. All lessees shall cause the area of the
which the water bottoms lie; and when there is leased water bottoms and the names of the
no newspaper published in such county, then lessees to be shown by signs as may be deby
posting such notice for four weeks at the termined by the said division, if so required.
court house door of said county, and prefer- (4) LEASES IN PERPETUITY; RENT:
ence shall be given to such riparian owners STIPULATIONS; TAXES: CULTIVATION,
under the terms and conditions herein created, ETC.when
such riparian owner makes application
for such water bottoms for the purpose of (a) All leases made under the provisions of
planting oysters or clams before the same are this chapter, shall begin on the day executed,
leased to another. The lands leased shall be as and shall continue in perpetuity under such recompact
as possible, taking into consideration strictions as shall herein be stated. The rent
the shape of the body of water and the condi- for the first ten years shall be fifty cents per
tion of the bottom as to hardness, or soft mud acre, or any fraction of an acre, per year. This
or sand, or other conditions which would ren- rent shall be paid in advance at the time of
der the bottoms desirable or undesirable for signing the lease up to the first day of January
the purpose of oyster or clam cultivation. following, and annually thereafter in advance
(2) SURVEYS, PLATS AND MAPS OF on or before the first day of January of each
REEFS.-The division shall accept, adopt and year, whether the lease be held by the original
use official reports, surveys and maps of oyster, lessee or by an heir, assignee or transferee. No
clam or other shell fish grounds made under taxes, assessments or other licenses than those
the direction of any authority of the United imposed in this chapter shall be levied or im­
States as prima facie evidence of the natural posed on said leases or said leased lands, but
oyster and clam reefs, for the purpose and in- the annual rental exacted and paid shall be
tent of this chapter. The said division may also held and considered all that can or shall be
make surveys of any natural oyster or clam exacted by the state or county, subordinate
reefs when it deems such surveys necessary political corporations or municipalities.
and where such surveys are made pursuant to (b) Effective cultivation shall consist of
an application for a lease, the cost thereof may the growing of oysters or clams in a density
be charged to the applicant as a part of the suitable for commercial harvesting over the
cost of his application. amount of bottom prescribed by law. This
(3) EXECUTION OF LEASES; LESSEE commercial density to be accomplished by the
TO STAKE OFF BOUNDARIES; PENALTY planting of seed oysters, shell and cultch of
FOR FAILURE TO COMPLY WITH REGU- various descriptions. Each tenant leasing from
LATIONS.-As soon as the survey has been the state water bottoms under the provisions
made and the plat or map thereof filed with the of this section, shall have begun within one
said division and the cost thereof paid by the year from the date of such lease. bona fide
applicant, the said division may execute in cultivation of the same, and shall by the end
duplicate a lease of the water bottoms to the of the second year from the commencement of
applicant. One duplicate, with a plat or map of his lease, have placed under cultivation at least
the water bottoms so leased, shall be delivered one-fourth of the water bottom leased, and shall
to the applicant, and the other, with a plat or each year thereafter place in cultivation at
map of the bottom so leased shall be retained by least one-fourth of the water bottom leased
the said division, and registered in a lease book until the whole, suitable for bedding of oysters
1853