Ordinance 91-019 ORDINANCE NO. 9~- 19
AN ORDINANCE PROVIDING FOR Tile REGULATIgN ~,
~ ~ '~,OF AND~ REQUIRING SAFETY PERMITS FO:!
~J~O ~OMMERCIAL MULLET VESSELS DURING MULLET
I ~]A~]~]~ ~ROE SEASON; SETTING FORTH DEFINITIONS;
FOR SAFETY PERMITS; SETTING
~[~ FEES; PROVIDING FOR PENALTIES; ~"
~ PROVIDING FOR CONFLICT AND SEVERABILITY;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
.:, County, Florida, deems it to be in the best interest of the
~,,:.~ citizens of Collier County to pro~ide for the regulation of and
~';~': to require a safety permit for commercial mullet vessels
operating in the waters of Collier County, Florida, excluding
the channel of the intracoastal waterway, during mullet roe
season; and
WHEREAS, the Board of County Commissioners has determined
that such regulation is necessary in order to promote, protect
..". and enhance the health, safety and welfare of the citizens of
il Collier County.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER CO~n~.TY, FLORIDA that:
SECTION ONE. DEFINITIONS
~.: A. Commercial Mullet Vessel - shall mean any vessel
- " fishing for mullet during mullet roe season with a gill net or
other net (excluding cast nets that are thrown by hand).
B. Mullet Roe Season - shall mean the period from
.~.' Octob~r i through January 31 of each year.
~; C. R,gistered Owner - shall mean thl! individual whose
i. name is identif~ed in the VeSSO1 registration certificate.
: D. Safety Equipment Inspection - shall mean an
i :" ~nspe~tion conduct.d by a c~rtified law on~orcoment agency of
..~ the State of Florida authorized to inspect vessels. Such
inspection shall insure that any commercial vessel is in
compliance with any statutory regulations or Marine Fisheries
Commission Rules that regulate safety.
i:
E. Safety Permit - shall mean a permit ducal issued by
"the Collier County.Tax Collector,s Office after application is
made and the requirements of this Ordinance have been met,
which decal is capable of and must be affixed to the vessel.
F. Taking Mullet - shall include taking, attempting to
take, pursuing, capturing, possessing or killing any mullet
with 'a'gill net or any oth~t net (excluding cast nets that are
thrown by hand), whether or not such actions result in
obtaihing possession, of mullet.
SECTION TWO. SAFETY PERMIT REQUIRED
' · A. It shall be unlawful for any person to operate any
c6mme~cial mullet vessel for 'the purpose of tak~.ng mullet
during mullet roe season in the waters of Collier County,
Florida, excluding the channel of the intracoastal waterway,
without 'obtaining a Safety Permit pursuant to this Ordinance.
All safety permits issued for mullet rom season shall be issued
in the month of September immediately preceding each season and
shall be valid for one year. Safety permits shall not be
issued to anyone except the registered ownpr of the vessel.
B. Before obtaining a safety permit, each vessel shall
have a safety equipment inspection by a law enforcement agency
~' authorized to inspect commercial vessels and th~ vessel owner
must produce evidence, upon application for a safety permit,
that the vessel has passed the inspection. The Applicant, at
the time of application, mus~ also present a valid Salt Water
Products License, a Restricted Species Endorsement and the
vessel's registration certificate in order to show compliance
with other applicable Florida Statutes.
C. If the owner of a commercial mullet vessel is issued
a safety permit for one vessel before mullet roe season begins
and the owner of the vessel thereafter purchases another com-
mercial vessel, that owner shall be eligible immediately for a
safety permit for =he subsequently purchased vessel, provided
the registered owner has complied with the requirements set
- 2 -
forth in Section Two (B.) herein. Safety permits are not,
howsver.,..transferable..fromone person' to another.
SECTION THREE. FEES
The safety permit foe 'ohall be $25.00 annually, payable to
the Collier County Tax Collector. The registered owner of the
commercial mullet vessel must make written application to the
Collier County Tax Collector's main office and present evidence
of compliance with the requirements set forth in Section Two
herein.-.. ' ' ~-
SECTION FOUR. PENALTIES
A. Any person violating any of the provisions of this
Ordinance shall, upon conviction thereof, be subject to a fine
not exceeding five hundred dollars ($500.00) or imprisonment
not exceeding sixty (60) daym or by both, as set forth in
SeCtion 125.69, Florida Statutes, as amended.
B. Any person convicted of operating a commercial mullet
vessel without a safety permit shall be ineligible to apply for
or .obtain a permit for one (1) full year from the date of
conviction.
c. The safety permit must be affixed to and prominently
displayed on the bow of the vessel for which the permit was
issued.
SECTION FIVE. CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier Count~ or other applic~ble ~a~, the more
restrictiv~ shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION SIX. EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has been
filed with the Secretary of State.
:~,:' i -, PASSED AND DULY ADOPTED by the Board of County
~ Commissioners..o_f Collier. County, Florida, this 12 day of
~., F~h~,,h'~ 1',,. , 1991.
':. '~': '
,,~'~TT~.ST: - ~ BOARD OF CO~TY CO~ISSIONERS
- J~ES C. GILEf~ Clerk OF COLLIER CO'~TY, F~RIDA
'"
, ~___._~~. ~.~.
,. '~.. .... ~: . ~,": .
· · ,','"(~ c ~ :~;'~' / BY:PATRICIA ~NE ~OODNIGHT ~
-.. .. Chairperson
' legal' sufficiency = -
' A~is~a~t County Attorney
~ ~l~t~ ~t
~'" ' STAT~~, OF FLORIDA )
'/~' ..COUNTY OF COLLIER
,.."
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
O~d~nance No. 91-19
~.~..
which was adopted by the Board of County Commisstone~s on
the l~th day of February, 199~, during Regulam Session.
WITNESS my hand and the official seal of the Board of
County Commfssloners of Collier County, Florida, this ~4th
day of February,
;'~ JAMES C. GILES ,.-,- ....
" '" Clerk of Cou~ts and Clerk ..
Ex-off~clo to Board of.~.. '
/Maureen Kenyon "~' ,'
'~" Deputy C]e~'k '
/;'.',: