68E-18.003. Certificate Allocations and Fees

(1) The number of allotted certificates is determined upon an initial allocation pursuant to establishment of the program to certificate holders that had a SPL with a C-number during the benchmark years (i.e., the 1988-1989, 1989-1990, or the 1990-1991 lobster fishing seasons) and maintained it through 1992, and/or other lawful acquisition of certificates by a certificate holder.

The initial allocation was determined pursuant to Section 379.3671(2)(a)1., F.S., by using a certificate holder’s highest year landings of lobster from one of the three designated benchmark years to calculate the number of certificates based on the poundage landed and reported to the Commission during the best (e.g., highest reported poundage of lobster) benchmark year.

(a) The initial allocation may be adjusted through an appeal process to the Lobster Trap Certificate Technical Advisory and Appeals Board as established in Section 379.3671(2)(a)1., F.S. Subsequent adjustment of the initial allocation number of certificates by the Commission may be made based on a recommendation by the Appeals Board, or other administrative or judicial proceeding.

(b) A certificate allocation may be adjusted by transfer of certificates to or from any certificate holder to another as further described in this rule.

(c) After the initial allocations have been made to current SPL/C-number holders in the first year of the program, a person wishing to enter the fishery may acquire an SPL/C-number and obtain a certificate allocation through the transfer or other lawful acquisition of trap certificates to his or her license.

1. The allocation and number of certificates is administered and maintained by the Commission.

2. The certificate holder will be advised annually as to the number of certificates assigned to his or her C-number, the amount due to the Commission for the certificates in the current year, and any arrearage of costs or fees due.

3. Certificates will only be issued in whole numbers of certificates; there are no fractional certificates.

4. There must be one or more certificates allocated to a certificate holder in order for the certificate holder to have an allocation. A person may have an SPL/C-number with no trap certificates; a person may not have a certificate allocation without certificates assigned to their C-number.

(2) Any certificates for which the annual certificate fee is not paid for a period of two (2) years shall be considered abandoned and shall revert to the Commission. During any period of trap reduction, any certificates reverting to the Commission shall become permanently unavailable and be considered in that amount to be reduced during the next license-year period. A report of all certificates reduced is furnished by the Division of Marine Fisheries to the FWC pursuant to the annual evaluation process required in Section 379.3671(3), F.S. Certificates reduced from the certificate inventory are not recoverable or otherwise available for use or reissue during the remainder of any year in which there is an annual reduction.

(3) The charges for a certificate will accumulate for each year not paid until that certificate is removed from the certificate pool pursuant to subsection (2), above. All prior certificates must be paid for to keep the allotment current, regardless of annual reduction in the allotment total.

(4) Partial payments of fees for certificates will not be accepted.

(5) Certificate fees for current year season certificates not received by the Commission by March 1 for the current lobster fishing season will not be accepted.

(6) Certificates shall not be issued or allocated until all licenses, fees, and surcharges have been paid in full and are current, and the holder’s SPL and C-number are not otherwise inactive.

(7) Trap tags shall not be issued to certificate holders until all licenses, certificate fees, surcharges and any other outstanding fees to the Commission have been paid in full and are current, and the holder’s SPL, C-number, and certificates are not otherwise inactive.

(8) Reasons or circumstances resulting in inactive certificates include:

(a) A certificate holder has his SPL suspended, revoked, or fails to renew his SPL;

(b) A certificate holder has his C-number suspended, revoked, or fails to renew his C-number;

(c) The annual certificate fees have not been paid in full;

(d) The certificate holder is deceased;

(e) The certificates or necessary licenses are in arrears on payment of required annual fees; and,

(f) The certificate holder has failed to obtain such additional authorizations or endorsements to licenses.

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.003, Amended 7-1-12, 4-17-18.