First DCA Upholds Net Ban

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Opinion filed
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
CASE NO. 1D13-5115

An appeal from the Circuit Court for Leon County. Jackie L. Fulford, Judge.
Pamela Jo Bondi, Attorney General and Jonathan A. Glogau, Assistant Attorney General, Tallahassee, for Appellant.
Carri S. Leininger of Williams, Leininger & Cosby, P.A., North Palm Beach, and Fred McCormack of Fred McCormack, LLC, Tallahassee, for Amicus Curiae Coastal Conservation Association-Florida.
Robert N. Hartsell and Sarah Hayter of Robert N. Hartsell, P.A., Pompano Beach, for Amicus Curiae The Snook and Gamefish Foundation.
David Guest and Bradley Marshall of Earthjustice, Tallahassee for Amicus Curiae Florida Wildlife Federation.
Ronald A. Mowrey, Mark L. Mason, and Nicholas Fugate of the Mowrey Law Firm, P.A., Tallahassee, for Appellees.
Gary M. Mastry, II of the Mastry Law, P.A., St. Petersburg, for Amici Curiae The Monroe County Commercial Fishermen and The Southeastern Fisheries Association.

PER CURIAM.
The Florida Fish and Wildlife Conservation Commission appeals a final
judgment, contending the trial court erred by enjoining enforcement of article X, section 16, of the Florida Constitution and Florida Administrative Code Rules 68B-4.002, 68B-4.0081, and 68B-39.0047, and enjoining the Commission’s authority to adopt rules pursuant to article IV, section 9, of the Florida Constitution with respect to the use of a “gill net” or an “entangling net.” We agree and reverse.

Article X, section 16, which became effective on July 1, 1995, was enacted to place “limitations on marine net fishing in Florida waters to protect saltwater finfish, shellfish, and other marine animals from unnecessary killing, overfishing and waste.” Art. X, § 16(a), Fla. Const. The provisions prohibit the use of “gill nets or other entangling nets” and limit all other nets in the nearshore and inshore waters of Florida to 500 square feet of mesh area. Art. X, § 16(b), Fla. Const.

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