By Steve Kantner
Conservationists fight back in court . . . Exclusive Fly Life Magazine report
[dropcap]A[/dropcap]fter a roller coaster ride that would make a Coney Islander blush, gill netting is illegal again in Florida waters—pending further appeal. This latest in a series of back and forth decisions sparked a chorus of cheers, many from sources you’d hardly expect. The drama began like this:
On October 22nd, Leon County circuit judge, Jackie Fulford, ruled in favor of a challenge to Florida’s Net Ban Amendment that had been filed by the Wakulla Commercial Fishermen’s Association. The challenge also named three individuals as plaintiffs. In making her ruling—which was received by anglers with disbelief— the judge cited ambiguities in various definitions, as well as the interpretation of the law as it pertains to specific types of netting.
So how significant was her ruling? The ban, which had been in force for 18 years, represented a Constitutional Amendment: one that was widely touted as the savior of Florida’s marine resources.
Salt Water Sportsman magazine editor, Glenn Law, summed–up the gravity of recent events: “I remember 15 challenges in the past 18 years. This one, however, had me hugging the computer while I searched the Internet for new developments.”
Immediately subsequent to Judge Fulford’s ruling, Florida Attorney General, Pam Bondi, assisted the Recreational Fishing Alliance (RFA) in filing for injunctive relief on behalf of Florida anglers—a move that failed to bear fruit. Then, starting last week, the enforcement arm of Florida’s FWC (Fish and Wildlife Conservation Commission) instructed its officers not to hand out citations to anyone caught fishing with a gill net. The effect was immediate.
Judge Fulford
Former commercial fisherman, Steve Anderson of Port St. Lucie, described the scene as “the old Wild West,” as netters from as far away as Louisiana descended and began the carnage. This raised the hackles of other commercials: hook-and-line fishermen who saw it as threatening Florida’s remaining resources—ones that the net ban had previously protected. Then relief arrived, and none too soon.
On November 7th, the First District Court of Appeals reaffirmed the FWC’s right to enforce the net ban—at least, while it’s vetted. So now, once again, gill netting is illegal in state waters.
So, what’s on tap? Let’s cross our fingers (and hope this most-recent reverse holds up in court), while we fund the conservation groups that defend our sea life.
Nothing like the inside scoop. Steve, great writing.