HomeMy WebLinkAbout16-055RESOLUTION NO. 16-055
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, SUPPORTING THE REPEAL OF SPECIAL
ACTS/RULES CHAPTER 8187 (1919), CHAPTER 11118 (1925), CHAPTER
31234 (1955) AND CHAPTER 57-1791 REGARDING FISHING,
SPEARFISHING AND SKIN DIVING IN ST. LUCIE COUNTY, FLORIDA;
REQUESTING THAT THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION REPEAL CHAPTER 8187 (1919), CHAPTER 11118 (1925),
CHAPTER 31234 (1955) AND CHAPTER 57-1791; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Florida Legislature is empowered to enact special acts of local application ("special
act") which by definition apply only to specific counties, etc. in Florida; and
WHEREAS, the Florida Legislature enacted the special acts, regarding fishing, spearfishing and skin
diving in St. Lucie County, Florida; and
WHEREAS, in 1983, the Florida Legislature enacted a special act designated as Chapter 83-134
which created the Marine Fisheries Commission and which also repealed a number is special acts including
the special acts referenced above and provided that the repealed special acts would become rules of the
Marine Fisheries Commission; and
WHEREAS, Chapter 8187 (1919) prohibits any person, firm, or corporation from using, setting,
putting, floating, dragging, hauling or maintaining any haul seine or drag net or taking or catching fish with
a haul seine or drag net in any salt or fresh waters of St. Lucie County. The act prohibits selling, shipping,
transporting, or receiving for shipment or transportation any fish taken or caught with a haul seine or drag
net from St. Lucie waters; and
WHEREAS, Chapter 11118 (1925) prohibits any person, firm, or corporation from setting, fishing,
or causing to be fished any seine, gill net, or any other kind of net in fresh and salt water canals of St. Lucie
County. The act prohibits setting, fishing, or placing in the water any net or trap, except common dip nets,
cast nets, bait nets or seines not over fifty feet long used only for catching bait, within one hundred yards
of any bridge, dock, or pier in St. Lucie County; and
WHEREAS, Chapter 31234 (1955) prohibits the use of any drag seines, bank nets, stop nets, or fish
nets of any kind in the waters of Faber Cove in St. Lucie County; and
WHEREAS, Chapter 57-1791 prohibits any person from engaging in spearfishing or skin diving at
any time within one thousand feet of Faber Cove in St. Lucie County or within one thousand feet of an area
described using roads, bridges, and jetties as points of reference which generally seems to be the area
bounded by North Beach Causeway Drive and Seaway Drive in the area of Fort Pierce. The act also prohibits
selling, purchasing, or offering for sale in St. Lucie County as fish taken by spearfishing; and
WHEREAS, the Marine Fisheries Commission is now called the Florida Fish and Wildlife
Conservation Commission (FWC) and is the successor organization of the Marine Fisheries Commission and
as such has the authority to repeal the special acts referenced above; and
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WHEREAS, the special acts referenced above continue to exist today as rules of FWC but are
antiquated rules that appear to serve no public purpose or provide any public benefit to the residents of
St. Lucie County, Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, that:
1. The above Recitals are hereby incorporated herein and specifically made a part of this
Resolution.
2. The Board, hereby supports the repeal of:
Chapter 8187 (1919)
Chapter 11118 (1925)
Chapter 31234 (1955)
Chapter 57-1791
3. The Board requests that the Florida Fish and Wildlife Conservation Commission repeal the
special acts and/or rules referenced above.
4. This Resolution shall become effective immediately upon its adoption.
After a motion and second, the vote on this Resolution was as follows:
Chairman Kim Johnson
AYE
Vice Chairman Chris Dzadovsky
AYE
Commissioner Tod Mowery
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 5th day of April, 2016.
ATTEST:
Deputy Clerk
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BOARD OF ;OL91TY COMM" ONERS
ST. LUCIE TY, RI
BY:
Chairma
APPROVED AS TO FORM AND
CORRECTNt9S:
BY:
County Attor y