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April 15, 2005
GOOD NEWS: TWO BAD BILLS, HB 741 AND HJR 1581, HAVE BEEN TABLED IN COMMITTEE MEETINGS IN THE FLORIDA HOUSE OF REPRESENTATIVES!
1. HJR 1581 (by Rep. Kendrick), which sought to eliminate the constitutional authority of the Florida Fish and Wildlife Conservation Commission, was tabled by the House Environmental Protection Committee on Wednesday, April 13.
2. HB 741 (by Rep. Kendrick), which sought to return 500 sq. ft. gill nets into all Florida waters, was tabled on Thursday, April 14, by the House Water and Natural Resources Committee.
It now appears that the bills in the Florida Legislature to reintroduce gill nets into Florida waters and remove the constitutional authority of the Florida Fish and Wildlife Conservation Commission have been tabled and will most likely not be heard again in either the Florida Senate or the Florida House of Representatives.
CONGRATULATIONS AND THANKS TO MEMBERS OF CCA FLORIDA'S GRASSROOTS NETWORK, FISHING CLUBS AND CONSERVATION INTERESTS WHO CALLED, FAXED OR E-MAILED LEGISLATORS ON THESE COMMITTEES. YOUR EFFORTS HAD A MAJOR IMPACT!
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April 13, 2005
CCA FLORIDA COMMENTS IN OPPOSITION TO HJR 1581 (Rep. Kendrick)
On behalf of CCA Florida's 10,000 conservation minded saltwater angler/members in 28 local chapters throughout Florida, we strongly urge you to oppose HJR 1581, which eliminates the constitutional authority of the Florida Fish and Wildlife Conservation Commission.
COMMENTS
1. The independent constitutional authority of the Florida Fish and Wildlife Conservation Commission, and its predecessor Game and Fresh Water Fish Commission, has been a recognized element of the successful fish and wildlife programs in Florida. Constitutional status allows for management based on science and conservation, not political pressure.
2. In 1941, Florida voters made the Game and Fresh Water Fish Commission a constitutionally independent agency. The move was made to stop a myriad of legislative laws to establish differing hunting seasons and fishing limits, which were based more on local politics than science.
3. For more than 50 years, the Florida Game and Fresh Water Fish Commission functioned with constitutional authority to manage fresh water fish and wildlife and was recognized as one of the best state fish and wildlife agencies in the U.S.
4. Every 20 years, Florida's Constitution Revision Commission (CRC) is established to review and make recommendations for changes to Florida's Constitution. In 1998, the CRC recommended a constitutional amendment, which would merge the state's fish and wildlife agencies into a single unified agency known as the Florida Fish and Wildlife Conservation Commission. The CRC also recommended giving the agency independent constitutional authority just like its predecessor, the Florida Game and Fresh Water Fish Commission, had possessed since 1941.
THE CRC APPROVED THE UNIFICATION PROPOSAL ON A VOTE OF 34-2, WHICH WAS THE STRONGEST VOTE OF THE NINE REVISIONS ULTIMATELY APPROVED BY THE CRC.
5. The CRC's Unification Amendment was endorsed by CCA Florida, Florida Wildlife Federation, and more than 200 other conservation, hunting, fishing and animal protection organizations. In addition, the amendment received the editorial endorsement of nearly all the major daily Florida newspapers.
6. IN 1998, FLORIDA VOTERS APPROVED THE UNIFICATION AMENDMENT WITH A HUGE 72% YES VOTE.
7. The constitutional status means that the full authority to adopt regulations governing hunting and fishing is vested with the FWC. The Legislature can not pass laws to change size limits, bag limits, deer hunting seasons or other such hunting and fishing regulations.
8. Although the Legislature can not change the fishing and hunting regulations adopted by the FWC, the Legislature has very significant influence and control on the Commission. Every single dollar, staff position and program that the FWC receives must be specifically authorized and appropriated by the Legislature. The FWC has no authority to establish license fees or set penalties for violations. In addition, all the FWC Commissioners and the FWC Executive Director must be reviewed and confirmed by the Senate.
HJR 1581 IS A HUGE STEP BACKWARD FOR FLORIDA'S FISH
AND WILDLIFE MANAGEMENT.
WE URGE YOU TO VOTE NO ON HJR 1581.
Comments prepared by: Ted Forsgren, Executive Director CCA Florida
(850) 224-3474
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CCA FLORIDA GRASSROOTS ALERTS:
HOUSE ENVIRONMENTAL PROTECTION COMMITTEE WILL VOTE ON LEGISLATION TO REMOVE THE INDEPENDENT CONSTITUTIONAL AUTHORITY OF THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION TOMORROW, APRIL 13
HOUSE WATER AND NATURAL RESOURCES COMMITTEE WILL VOTE ON LEGISLATION TO PUT 500 SQ. FT. GILL NETS IN FLORIDA WATERS TOMORROW APRIL 14
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February 28, 2005
Two North Florida legislators have filed bills in an attempt to legalize the use of 500-square-foot gill nets in Florida. The legislation (HB 741 and SB 1178) would create loopholes for gill nets by allowing the use of any mesh size in the nets.
BACKGROUND
In November of 1994 an overwhelming 72% of Florida voters said yes to the constitutional amendment limiting marine net fishing. The amendment includes both a prohibition on the use of gill and entangling nets in all state waters and a size limit on other nets. Although the restrictions have been in place for nearly ten years, there are still factions within the commercial industry who refuse to accept the legal reality that the constitutional prohibition on gill nets means no gill nets.
Since 1994, there have been numerous lawsuits, attempts to create law
enforcement loopholes, and outright scams all designed to invalidate or circumvent provisions of the constitutional amendment. All have failed. The Florida Legislature, Florida Courts, and state agencies have upheld the clear intent of Florida voters.
One of the most common attempts to create loopholes for gill nets is to try to change laws to allow any mesh size in nets. When the ban on gill nets was implemented in 1995, fishermen started using nets with mesh sizes commonly used in gill nets prior to the amendment. They claimed the nets were seine nets, even though at the time of arrest, their nets were filled with gilled fish. To resolve enforcement and prosecution issues, the Florida Marine Fisheries Commission (MFC) adopted a regulation to establish a distinction between legal seine nets and illegal gill nets. The regulation restricted seine nets to a mesh size no larger than two inches.
The regulation setting a maximum mesh size of two inches for seine nets was adopted to establish a "bright line" distinction between illegal gill nets and legal seines. A lawsuit was filed by commercial interests challenging the regulation. A Florida administrative law judge conducted the hearing, heard expert testimony from witnesses on both sides, and upheld the regulation. One of the major legal findings was that the two inch maximum mesh size for seine nets was "historically based, rational and practical." The commercial netting interests appealed the judges ruling to the First District Court of Appeal which unanimously upheld the judge's ruling and the MFC's rule. The ruling was then appealed to the Florida Supreme Court which denied the appeal and allowed the District Court of Appeal ruling to stand. In all, there have been three lawsuits by commercial interests challenging the mesh size and gill net rule and all have been rejected by the Courts.
PROPOSED LEGISLATION
House Bill 741 (by Representative Kendrick) and Senate Bill 1178 (by Senator Lawson) states:
"Any net constructed of braided or twisted nylon, cotton, linen twine, or polypropylene twine, regardless of its mesh size, not exceeding 500 square feet shall not be considered a gill or entangling net and may be used to harvest mullet in the waters of this state."
Just like previous attempts to create loopholes for gill nets, HB 741 and SB 1178 seek to allow any mesh size in nets. The 500 square foot size limit repeats a restriction which is already in the Constitution. The proposed legislation is in direct conflict with the constitutional prohibition on gill nets and eight years of Court decisions defining gill nets and the gill net ban.
HB 741 AND SB 1178 ARE UNCONSTITUTIONAL
Article X, Section 16(1) of the Florida Constitution clearly states that: "No gill or entangling nets shall be used in any Florida waters"
You can not pass a law saying that nets with mesh sizes that are used to gill fish are not gill nets. The constitutional prohibition on gill nets cannot be changed by state legislation.
Additionally, in 1998 another constitutional amendment was adopted which merged the former Game and Fresh Water Fish Commission and the Marine Fisheries Commission into the constitutionally independent Florida Fish and Wildlife Conservation Commission (FWC). The exclusive authority to regulate hunting and fishing rests with the FWC. The Legislature cannot pass laws regulating deer or quail hunting, nor can they pass laws regulating commercial fishing or other saltwater fishing issues.
"COMMERCIAL VIABILITY" DOES NOT APPLY TO GILL OR ENTANGLEMENT NETS
Commercial net fishermen continually attempt to use the concept of commercial viability, from a lawsuit over how to measure a shrimp trawl, as a means to increase mesh size in nets to larger than two inches. This specific issue has already been litigated in a lawsuit filed by commercial interests. The Courts specifically ruled that "commercial viability" does not apply to nets that are gill nets, which are clearly banned by the constitutional amendment.
"A net disallowed by the Net Ban Amendment cannot lawfully be used, whatever its commercial viability." -- District Court of Appeal, First District, State of Florida, 1999
CONCERN OVER KILLING "BABY FISH" JUST ANOTHER PLOY
The netting industry's concern over killing "baby fish" with a small mesh size is just another ploy to get a large mesh size to gill adult fish. If the commercial netting industry was genuinely concerned about fishing gear that killed "baby fish" then they would address the massive waste and by-kill of juvenile "baby fish" by shrimp trawls. There is no doubt that just one shrimp trawl kills far more "baby fish" than all the 500 sq. ft. seines combined. Even with the requirements to install turtle excluder and finfish by-catch reduction devices, shrimp trawls remain the most wasteful piece of fishing gear in the southeastern United States. In 2000, the amount of finfish and other marine life by-catch (caught, killed and discarded) by Florida's shrimping industry was estimated to be 68 to 72 million pounds per year - which was greater than the total landings of all of Florida's saltwater recreational fishermen. Furthermore, the specific issue of "baby fish" caught in smaller mesh sizes was directly addressed by the Courts in the lawsuits filed by commercial interests.
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