SALT WATER FISHERIES AND CONSERVATION - Florida State ...

Ch. 370 SALT WATER FISHERIES AND CONSERVATION Ch. 370
may be released upon the owner furnishing
bond, with good and solvent security in double
the value of the vessel, conditioned upon its
being returned in good condition to the sheriff
or constable to abide the judgment of the court.
(24) OYSTER REHABILITATION COM­
MISSION.-The governor of this state may appoint
in any county, where natural oyster reefs
exist, an oyster rehabilitation commission for
such county, the same to be composed of three
good and lawful citizens of such county. Such
commission shall serve without compensation.
(25) COMMISSION ADVISORY ONLY.­
The oyster rehabilitation commission in any
county shall constitute an advisory commission
to the division of marine resources with reference
to all matters pertaining to the replanting
and rehabilitation of natural oyster bars in
such county and shall have no other power
than to advise said division concerning the administration
of the shell fish laws in the county
in which its members are appointed; and to
recommend to such division the manner and
method of the expenditure of funds provided
for the rehabilitation of natural oyster beds
in such county so that the fullest benefit of
such oyster beds may be received from said
expenditure. The recommendation of the said
commission shall not be binding upon the division
but is advisory only.
(26) DUTIES OF COMMISSION.-The
members of the oyster rehabilitation commission
shall acquaint themselves with all conditions
affecting the natural beds in the county
for which appointed and shall locate, select and
recommend to the division the natural oyster
beds in their respective counties in greatest
need of rehabilitation ; they shall recommend
to said division the ways and means of replanting
and rehabilitating said beds, having regard
to local conditions, and make such other recommendations
concerning the opening and
closing of the natural reefs and beds and
propagation and care of oysters thereon as may
appear to them to be advisable.
(27 ) CONFERENCE WITH DIVISION OF.
MARINE RESOURCES.-The division shall
confer with, receive and consider the recommendations
of the several county oyster rehabilitation
commissions concerning the shell fish
industry of their respective counties and shall
be governed thereby only to the extent that
the same may be to the best interest of the
shell fish industry of the state.
(28) REMOVAL OF COMMISSIONERS.­
The governor may remove any commissioner
appointed to any county oyster rehabilitation
commission, who shall fail or neglect to diligently
perform the duties of such office, and
shall fill the vacancy so created by such removal
so that there shall be a complete commission
of three members in each county, having
natural oyster reefs or beds, at all times.
(29) OYSTER AND CLAM REHABILITA­
TION.-The board of county commissioners of
the several counties may appropriate and ex-
1858
pend such sums as it may deem proper for
the purpose of planting or transplanting
oysters, clams, oyster shell or clam shell or
cultch, or to perform such other acts for the
enhancement of the oyster and clam industries
of the state, out of any sum in the county
treasury not otherwise appropriated.
(30) OYSTER CONSERVATION DIS-
TRICTS. - Whenever it shall appear to the
division, that any area in the state is in need
of special protection, development or encouragement
in the planting, propagation, within
such area, except private leased or granted
oyster grounds. The said area shall be readily
identifiable by reference to geographical
location or recognized landmarks, or by survey
made by the division. Notice of the designation
of said area or areas as oyster conservation
district or districts shall be published
once each week for two consecutive weeks.
and such additional publicity of the creation
of such district may be circulated as the division
may deem necessary.
(31 ) REVENUE FROM SALE OF DEAD
SHELLS AND LEASE BOTTOMS.-Any and
all moneys hereafter received or collected by
the board of trustees of the internal improvement
trust fund under the provisions of
§253.45, or any amendments thereof for or on
the account of the sale of dead shell or for the
right or privilege to take shell or shell deposits
from the sovereign lands of the state are
hereby appropriated for use in financing biological,
marketing, transportation, processing,
and promotional research for fisheries, oysters,
clams, and shrimp, within the jurisdiction of
this state; provided that the division is authorized
to return up to twenty per cent of
the moneys collected from the sale of oyster
shells dredged in a county's waters to that
county for distribution to the several counties
for the sole purpose of oyster and clam rehabilitation
as provided under subsection (29),
and the balance of said moneys not returned
to the several counties shall be deposited in the
state treasury in the marine biological research
trust fund.
(32) DREDGING OF DEAD SHELLS
FROM LIVE GROUND PROHIBITED. - The
dredging of dead shell deposits from living
oyster grounds is hereby prohibited in the
state. The said division is hereby empowered to
prohibit all dredging of dead oyster shell deposits
when in its judgment and discretion the
same will adversely affect the said oyster industry.
The said division, however, may authorize
the dredging of dead oyster shell deposits
by permit when in its judgment and
discretion the same will not adversely affect
the oyster industry of the state.
(33) OYSTER CONSERVATION COMMIS­
SION WITHIN CONSERVATION DISTRICTS.
-The governor of this state shall appoint in
any oyster conservation district which may be
created under the provisions of subsection (30)
an oyster conservation commission for the said
district. the same to be composed of seven