Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SJR 1918
Barcode 731446
CHAMBER ACTION
Senate House
.
.
1 Comm: UNFAV .
04/20/2006 03:44 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judiciary (Clary) recommended the following
12 amendment to amendment (773348):
13
14 Senate Amendment (with title amendment)
15 On page 106, line 26, through
16 page 109, line 10, delete those lines
17
18 and insert:
19 SECTION 16. Limiting marine net fishing.--
20 (a) The marine resources of the State of Florida
21 belong to all of the people of the state and should be
22 conserved and managed for the benefit of the state, its
23 people, and future generations. To this end the people hereby
24 enact limitations on marine net fishing in Florida waters to
25 protect saltwater finfish, shellfish, and other marine animals
26 from unnecessary killing, overfishing and waste.
27 (b) For the purpose of catching or taking any
28 saltwater finfish, shellfish or other marine animals in
29 Florida waters:
30 (1) No gill nets or other entangling nets shall be
31 used in any Florida waters; and
1
7:03 PM 04/19/06 s1918c-ju04-j05
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SJR 1918
Barcode 731446
1 (2) In addition to the prohibition set forth in (1),
2 no other type of net containing more than 500 square feet of
3 mesh area shall be used in nearshore and inshore Florida
4 waters. Additionally, no more than two such nets, which shall
5 not be connected, shall be used from any vessel, and no person
6 not on a vessel shall use more than one such net in nearshore
7 and inshore Florida waters.
8 (c) For purposes of this section:
9 (1) "Gill net" means one or more walls of netting
10 which captures saltwater finfish by ensnaring or entangling
11 them in the meshes of the net by the gills, and "entangling
12 net" means a drift net, trammell net, stab net, or any other
13 net which captures saltwater finfish, shellfish, or other
14 marine animals by causing all or part of heads, fins, legs, or
15 other body parts to become entangled or ensnared in the meshes
16 of the net, but a hand thrown cast net is not a gill net or an
17 entangling net;
18 (2) "Mesh area" of a net means the total area of
19 netting with the meshes open to comprise the maximum square
20 footage. The square footage shall be calculated using standard
21 mathematical formulas for geometric shapes. Seines and other
22 rectangular nets shall be calculated using the maximum length
23 and maximum width of the netting. Trawls and other bag type
24 nets shall be calculated as a cone using the maximum
25 circumference of the net mouth to derive the radius, and the
26 maximum length from the net mouth to the tail end of the net
27 to derive the slant height. Calculations for any other nets or
28 combination type nets shall be based on the shapes of the
29 individual components;
30 (3) "Coastline" means the territorial sea base line
31 for the State of Florida established pursuant to the laws of
2
7:03 PM 04/19/06 s1918c-ju04-j05
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SJR 1918
Barcode 731446
1 the United States of America;
2 (4) "Florida waters" means the waters of the Atlantic
3 Ocean, the Gulf of Mexico, the Straits of Florida, and any
4 other bodies of water under the jurisdiction of the State of
5 Florida, whether coastal, intracoastal or inland, and any part
6 thereof; and
7 (5) "Nearshore and inshore Florida waters" means all
8 Florida waters inside a line three miles seaward of the
9 coastline along the Gulf of Mexico and inside a line one mile
10 seaward of the coastline along the Atlantic Ocean.
11 (d) This section shall not apply to the use of nets
12 for scientific research or governmental purposes.
13 (e) Persons violating this section shall be prosecuted
14 and punished pursuant to the penalties provided in section
15 370.021(2)(a),(b),(c)6. and 7., and (e), Florida Statutes
16 (1991), unless and until the legislature enacts more stringent
17 penalties for violations hereof. On and after the effective
18 date of this section, law enforcement officers in the state
19 are authorized to enforce the provisions of this section in
20 the same manner and authority as if a violation of this
21 section constituted a violation of chapter 370, Florida
22 Statutes (1991).
23 (f) It is the intent of this section that implementing
24 legislation is not required for enforcing any violations
25 hereof, but nothing in this section prohibits the
26 establishment by law or pursuant to law of more restrictions
27 on the use of nets for the purpose of catching or taking any
28 saltwater finfish, shellfish, or other marine animals.
29 (g) If any portion of this section is held invalid for
30 any reason, the remaining portion of this section, to the
31 fullest extent possible, shall be severed from the void
3
7:03 PM 04/19/06 s1918c-ju04-j05
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SJR 1918
Barcode 731446
1 portion and given the fullest possible force and application.
2 (h) This section shall take effect on the July 1 next
3 occurring after approval hereof by vote of the electors.
4
5 (Redesignate subsequent sections.)
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 151, line 18, after the semicolon,
11
12 insert:
13 to repeal Section 16 of Article X, which
14 imposes limitations on marine netfishing in
15 Florida waters;
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
7:03 PM 04/19/06 s1918c-ju04-j05