Net ban history and ruling

[tallykenj]

First, let me say that I’m in favor of banning the nets that have the focus of enforcement efforts for nearly 20 years. I supported and fought for the net ban amendment. However, the actual amendment is not worded as well as it should have been.

The amendment was passed at a time when the Florida Marine Fisheries Commission regulated saltwater fisheries. This was not a constitutional agency like, at the time, the Florida Game and Freshwater Freshwater Fish Commission. The net ban constitutional amendment trumped the Florida legislature and the MFC lawmaking authority. It was needed because the legislature and MFC failed time and time again to take appropriate action needed to conserve our saltwater fish populations.

After the amendment was approved, Florida citizens created a new agency by essentially merging MFC and GFC. The new agency, Florida Fish Wildlife Conservation Commission, was granted constitutional authority over freshwater and saltwater fisheries. This seems to have created a constitutional conflict. On one hand you have an agency that has authority over all saltwater fisheries and on the other you have a constitutional amendment that bans all “gill nets or other entangling nets.” By the way, regardless of the intent, the language is very broad. No state agency can legalize something that’s prohibited by the constitution. If the net ban constitutional amendment didn’t exist and FWC used its rule making authority to enact and enforce its existing rules, all would be okay (as far as the net ban proponents are concerned). Experts on both sides testified in court that all nets gill and entangle. The amendment bands all nets except cast nets. It didn't leave it up to the MFC/FWC or any other lawmakes to establish definitions to the contrary, i.e. exempt specific nets and included others.

The legal issues associated with conflicting constitutional amendments and the very restrictive net ban language are going to need to play out in the legal system. Let’s hope this won’t take long but it most likely will. The appellate court needs to take the next step and the Florida Supreme Court after that.

I encourage people to read the ruling verbatim and not rely solely on snippets being circulated by the media and various groups. You may not agree with the wording or the end result but it will be informative.

Also, check out the net ban amendment. It states:


Section 16, Limiting Marine Net Fishing –

(a) The marine resources of the State of Florida belong to all of the people of the state and should be conserved and managed for the benefit of the state, its people, and future generations. To this end the people hereby enact limitations on marine net fishing in Florida waters to protect saltwater finfish, shellfish, and other marine animals from unnecessary killing, overfishing and waste.

(b) For the purpose of catching or taking any saltwater finfish, shellfish or other marine animals in Florida waters:

(1) No gill nets or other entangling nets shall be used in any Florida waters; and

(2) In addition to the prohibition set forth in (1), no other type of net containing more than 500 square feet of mesh area shall be used in nearshore and inshore Florida waters. Additionally, no more than two such nets, which shall not be connected, shall be used from any vessel, and no person not on a vessel shall use more than one such net in nearshore and inshore Florida waters.

[Salty Gator]

Thanks TKJ, very informative