Appeal Court Reinstates Net Ban
Moderators: bman, Tom Keels, Chalk
Appeal Court Reinstates Net Ban
The appeals court has reinstated the ban and will hear the case.
The Back Porch
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Salty Gator
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Re: Appeal Court Reinstates Net Ban
TO: All DLE Personnel
FROM: Colonel Calvin L. Adams, Jr.
DATE: November 6, 2013
SUBJECT: URGENT UPDATE- Net Limitation Enforcement Directive
Late this afternoon, the First District Court of Appeals reinstated the automatic stay in the net limitation lawsuit. The FWC is no longer prohibited from enforcing the net limitation amendment or associated statutes and rules.
Effective immediately, we are resuming enforcement of the net limitation amendment (FL Constitution Article X, §16) and all associated statutes and rules.
We should all be aware that this continues to be a sensitive issue. With the First District Court of Appeals overruling the Circuit Judge’s most recent order there is great potential for confusion among fishermen and other members of the public. FWC’s standard of excellence through the exercise of fair and impartial judgment is expected in all interactions.
Officers should use ample discretion and seek to educate any fishermen that may have misinformation or be unclear on the current circumstances. In situations where that might not be sufficient, use the appropriate skills acquired through your training and education to enforce the law.
The appellate process is still ongoing and further action from the First District Court of Appeals is expected in the future.
As always, contact your supervisor with additional questions.
