Since the Florida Supreme Court determined that the "sole purpose" of the constitutional amendment to limit net fishing was to, "prevent over harvest, unnecessary killing and waste," fishermen are challenging the validity of the FWC to in effect violate the amendment by not considering the impact of their rules on the environment.
The FWC believes they have "full constitutional authority" that can't be challenged by the court. The FWC has also stated in writing that they do not have to obey the Legislature's mandate to provide "due process" in their rulemaking or the Florida Supreme Court's opinion that they use the same due process standards mandated by the Legislature for gear.
If the FWC is successful at defeating the commercial fishermen, represented by Fishing For Freedom's President, Ronald Fred Crum, they will have gained, in Crum’s opinion, control of the Legislative, Executive and Judicial checks and balances without oversight, something that is not supposed to happen in the United States of America.
It will be interesting to see the outcome of this court case. Most commercial fishermen are willing to live within the limits of the law restricting net usage, so long as the law is fair. Members of the Fishing For Freedom organization, many of whom are recreational anglers that believe a better solution to the net controversy is needed, anxiously await the outcome.
The Coastal Conservation Association (CCA), primary backer of the net restriction amendment in Florida and other states, represents member recreational anglers. CCA lobbies against what they see as “environmentally destructive” fishing practices. From the CCA Florida website, CCA states “CCA Florida is carefully following the (upcoming court) case and will intervene in defense of the net ban if it becomes necessary."
I find the use of the term "net ban" interesting, because there is no ban in the amendment, only size and type restrictions.
This a bitter battle between the commercial fishing industry in Florida and those supporting the current law. Not all recreational anglers support the current law, and like me they look for some common ground. It would appear that the aforementioned comparison testing provides that common ground. The larger mesh would apparently protect juvenile fish, satisfy most of the commercial interests, and yet leave other provisions of the amendment to stand.
Hopefully, common sense will rule and the bitter battles will subside. I long for the days when I was able to approach a commercial fisherman’s boat and get a smile, some live bait and some information on where the fish are being caught. In today’s world I hesitate to even go near a commercial boat. It has gotten that bad.
