Senate Bill sb2628

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    Florida Senate - 2005                                 SJR 2628

    By Senator Lawson





    6-1599-05                                               See HB

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 16 of Article X of the State

  4         Constitution relating to marine net fishing.

  5  

  6  Be It Resolved by the Legislature of the State of Florida:

  7  

  8         That the following amendment to Section 16 of Article X

  9  of the State Constitution is agreed to and shall be submitted

10  to the electors of this state for approval or rejection at the

11  general election to be held in November 2006:

12                            ARTICLE X

13                          MISCELLANEOUS

14         SECTION 16.  Limiting marine net fishing.--

15         (a)  The marine resources of the State of Florida

16  belong to all of the people of the state and should be

17  conserved and managed for the benefit of the state, its

18  people, and future generations. To this end the people hereby

19  enact limitations on marine net fishing in Florida waters to

20  protect saltwater finfish, shellfish, and other marine animals

21  from unnecessary killing, overfishing and waste.

22         (b)  For the purpose of catching or taking any

23  saltwater finfish, shellfish or other marine animals in

24  Florida waters:

25         (1)  No gill nets or other entangling nets shall be

26  used in any Florida waters; and

27         (2)  In addition to the prohibition set forth in (1),

28  no other type of net containing more than 500 square feet of

29  mesh area shall be used in nearshore and inshore Florida

30  waters. Additionally, no more than two such nets, which shall

31  not be connected, shall be used from any vessel, and no person

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    Florida Senate - 2005                                 SJR 2628
    6-1599-05                                               See HB




 1  not on a vessel shall use more than one such net in nearshore

 2  and inshore Florida waters.

 3         (c)  For purposes of this section:

 4         (1)  "gill net" means one or more walls of netting

 5  which captures saltwater finfish by ensnaring or entangling

 6  them in the meshes of the net by the gills, and "entangling

 7  net" means a drift net, trammell net, stab net, or any other

 8  net which captures saltwater finfish, shellfish, or other

 9  marine animals by causing all or part of heads, fins, legs, or

10  other body parts to become entangled or ensnared in the meshes

11  of the net, but a hand thrown cast net is not a gill net or an

12  entangling net;

13         (2)  "mesh area" of a net means the total area of

14  netting with the meshes open to comprise the maximum square

15  footage. The square footage shall be calculated using standard

16  mathematical formulas for geometric shapes. Seines and other

17  rectangular nets shall be calculated using the maximum length

18  and maximum width of the netting. Trawls and other bag type

19  nets shall be calculated as a cone using the maximum

20  circumference of the net mouth to derive the radius, and the

21  maximum length from the net mouth to the tail end of the net

22  to derive the slant height. Calculations for any other nets or

23  combination type nets shall be based on the shapes of the

24  individual components;

25         (3)  "coastline" means the territorial sea base line

26  for the State of Florida established pursuant to the laws of

27  the United States of America;

28         (4)  "Florida waters" means the waters of the Atlantic

29  Ocean, the Gulf of Mexico, the Straits of Florida, and any

30  other bodies of water under the jurisdiction of the State of

31  

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    Florida Senate - 2005                                 SJR 2628
    6-1599-05                                               See HB




 1  Florida, whether coastal, intracoastal or inland, and any part

 2  thereof; and

 3         (5)  "nearshore and inshore Florida waters" means all

 4  Florida waters inside a line three miles seaward of the

 5  coastline along the Gulf of Mexico and inside a line one mile

 6  seaward of the coastline along the Atlantic Ocean; and.

 7         (6)  "seine" means any net constructed of braided or

 8  twisted nylon, cotton, linen, or polypropylene twine,

 9  regardless of its mesh size, that does not exceed 500 square

10  feet. Such a net shall not be considered a gill net or an

11  entangling net and may be used to harvest mullet in state

12  waters.

13         (d)  This section shall not apply to the use of nets

14  for scientific research or governmental purposes.

15         (e)  Persons violating this section shall be prosecuted

16  and punished pursuant to the penalties provided in section

17  370.021(2)(a),(b),(c)6. and 7., and (e), Florida Statutes

18  (1991), unless and until the legislature enacts more stringent

19  penalties for violations hereof. On and after the effective

20  date of this section, law enforcement officers in the state

21  are authorized to enforce the provisions of this section in

22  the same manner and authority as if a violation of this

23  section constituted a violation of Chapter 370, Florida

24  Statutes (1991).

25         (f)  It is the intent of this section that implementing

26  legislation is not required for enforcing any violations

27  hereof, but nothing in this section prohibits the

28  establishment by law or pursuant to law of more restrictions

29  on the use of nets for the purpose of catching or taking any

30  saltwater finfish, shellfish, or other marine animals.

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    Florida Senate - 2005                                 SJR 2628
    6-1599-05                                               See HB




 1         (g)  If any portion of this section is held invalid for

 2  any reason, the remaining portion of this section, to the

 3  fullest extent possible, shall be severed from the void

 4  portion and given the fullest possible force and application.

 5         (h)  This section shall take effect on the July 1 next

 6  occurring after approval hereof by vote of the electors.

 7         BE IT FURTHER RESOLVED that the following statement be

 8  placed on the ballot:

 9                     CONSTITUTIONAL AMENDMENT

10                      ARTICLE X, SECTION 16

11         MARINE NET FISHING.--Proposing an amendment to Section

12  16 of Article X of the State Constitution to allow seine nets

13  to be used for harvesting mullet in state waters; to provide

14  that such a net means any net constructed of braided or

15  twisted nylon, cotton, linen, or polypropylene twine,

16  regardless of its mesh size, that does not exceed 500 square

17  feet; and to clarify that such nets shall not be considered

18  gill nets or entangling nets.

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