# Gill Net Ban overturned after 18 years!



## el9surf (Dec 23, 2008)

Thanks for posting this, you beat me to it. 
Till its overturned I'm sure vigilante justice will prevail.


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## DuckNut (Apr 3, 2009)

I like this judge - maybe she can overturn the absurd FWC rules that allow commercial fishermen to take grouper and snapper when we recreational fishermen spend billions of dollars have to buy them from the store or restaurant  

I also like how she went on the water to see how gill nets work 


> went out on the water off St. Marks last September to see for herself how the nets worked


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## Net 30 (Mar 24, 2012)

Here is the email address of Judge Jackie Fulford Judicial Assistant...bombard her azz with emails stating your disgust!

[email protected]


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## lemaymiami (Feb 9, 2007)

Since the net ban passed into law (constitutional amendment actually) there have been legal and political attacks on it,  for more than 20 years now....  Before the ban we lost every reasonable conservation measure we worked (I got interested in fisheries conservation in the late seventies as a member of the old Tropical Anglers Club in Miami) for.  We saw fishery after fishery go into decline and collapse while the old "Pork chop gang" (dems from north Florida that pretty much controlled the state legislature back then...) in alliance with commercial interests blocked every reasonable effort to curb abuses... The result was that amendment - and nothing did more to bring back our fisheries around the state, period...  

I'm pretty sure that this will be overturned as well but I'm very disturbed to hear that the same judge has issued an order stopping any enforcement while this is being appealed...  Hope it's sorted out as quickly as possible.  For lots and lots of back and forth about this from both sides (yes, netters know how to use a computer...) go to this thread over on the Florida Sportsman site.... but you might want an adult beverage or two since the existing thread is already 19 (scratch that it's currently at 21) pages long when I checked earlier today....

http://forums.floridasportsman.com/showthread.php?133630-Jedve-rules-against-net-ban-Pam-Bondi-files-appeal


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## fishicaltherapist (Mar 9, 2013)

And it's been said "Judges can't be bought" Every body call your local tv & radio stations and bombard the HELL out of the gov's,senators.congressmen's websites. WHAT THE HELL!!! [smiley=angry4.gif] [smiley=angry4.gif] [smiley=1-doh.gif] [smiley=1-scarysmoker.gif]


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## noeettica (Sep 23, 2007)

Perhaps we can get the Ridiculous "Manatee Zones" Overturned ...


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## topnative2 (Feb 22, 2009)

FWC should repeal the stretched 2' mesh provision which was used as the basis for the decision and would then would make the ruling moot .

It is amazing the comm. netters got that 2" rule to begin with and now they use it to slap the law.


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## Snookdaddy (Jan 5, 2008)

> Unbelievable after 18years has passed when the Florida Voters voted to ban Gill nets a Judge overturns the net ban.  Say good bye to the recovery we have had in our fisheries! We all should call the Governor he is the only one that can speed up the appeal process that the FWC is trying to do.
> 
> http://www.bradenton.com/2013/10/24/4789154/florida-judge-overturns-ban-on.html
> 
> Mods can move this to the right section, not sure where it should have been put.



*How can 1 judge overturn the ban when voters voted for it? Shouldn't voters be the ones to decide the outcome?*


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## 1118580Rob (Oct 25, 2013)

I hate this to be my first posting on Microskiff, but......

I have knowledge of this joke of a decision that I would like to share for the common good; the Judge in question is a Circuit Court Judge, meaning County Judge. Her ruling is binding to her in her jurisdiction, even with a "Stay" being placed on her order (she overruled the stay on her own, not sure how though). 

At any rate the FWC has decided that they as an agency WILL NOT ENFORCE THE CONSTITUTIONAL NET BAN IN ANY AREA OF FLORIDA at this time, to not cause any waves. Therefore I ask each and everyone of you (including myself) to take 10 minutes out of our day sometime this week and write or call our legislators and ask WHY?

Additionally each local agency (Police Department/ Sheriff's Office) that has a Marine Unit is making up their own decision as to whether or not to still enforce the net ban or not. I did confirm that the ban is still constitutional, and that the FWC is voluntarily choosing to not enforce it at this time. A call to local Law Enforcement administrators to voice your opinions would also help as well.

The quite majority will lose out if nothing is said while the resource and our children, grandchildren and local economy will suffer. 

Just 10 minutes guys


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## 1118580Rob (Oct 25, 2013)

Remember a Circuit Judge like Jackie Fulford can only make decisions affecting their Circuit, she does not have the ability to force the entire state to adhere to her ruling. She is a judge in the panhandle area. The only reason it is affecting the entire state is because the FWC is allowing it to by deciding to not enforce the Constitutional law through out the entire state. 
Local jurisdictions still can enforce the net ban, but probably won't if we remain quite.


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## Creek Runner (Sep 1, 2011)

> > Unbelievable after 18years has passed when the Florida Voters voted to ban Gill nets a Judge overturns the net ban.  Say good bye to the recovery we have had in our fisheries! We all should call the Governor he is the only one that can speed up the appeal process that the FWC is trying to do.
> >
> > http://www.bradenton.com/2013/10/24/4789154/florida-judge-overturns-ban-on.html
> >
> ...


She ruled that the law was unconstitutional because the law says all nets are banned which is what the voters voted on, but the FWC outlined that certain nets may be used when they fit a certain criteria here is the read on it.

http://www.fishingforfreedom.net/October-22-2013-THE-JUDGE-RULES-A-MUST-READ


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## Paul_Barnard (Oct 28, 2011)

> Unbelievable after 18years has passed when the Florida Voters voted to ban Gill nets a Judge overturns the net ban.  Say good bye to the recovery we have had in our fisheries! We all should call the Governor he is the only one that can speed up the appeal process that the FWC is trying to do.
> 
> http://www.bradenton.com/2013/10/24/4789154/florida-judge-overturns-ban-on.html
> 
> Mods can move this to the right section, not sure where it should have been put.



You have got to be kidding me.


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## Recidivists (May 9, 2011)

Small time court judge that's looking after her constituents.  She wants less ambiguity.  So, let's give it to her.  Simply state that the law allows only hand held cast nets.  Period!

It's the area of a net's efficacy that is the concern.  I don't mind the commercial mullet fisherman using a larger mesh with a cast net.  It targets his catch and possibly leaves smaller fry to escape.  

When you are on the mullet school, it is pretty much all mullet.

Having stationary gill nets is NOT an option. Having catch limits ARE.


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## Jeremy_James (Feb 27, 2013)

I'm done with these stupid ass laws. There's no happy medium. It's either take everything, or take nothing with these idiots. 

Someone please post a legitimate list of numbers and or emails where the appropriate eyes will see/hear our opinions.


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## mxbeebop (Mar 22, 2013)

What I'm reading is the judge has found that the amendment defines all nets except cast nets as illegal. The FWC, which is a law making body, has created a different law to define nets and has disproportionally applied that law to Mullet fisherman. As such she has suspended the FWC's ability to enforce their regulation. The Amendment still stands and its possible that the FWC will have to enforce a total Net Ban.


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## cutrunner (Jun 8, 2010)

Fish prices at my local seafood market better go down!

Only kidding. But in all seriousness I very much agree with the above post. Its always feast or famine...


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## 1118580Rob (Oct 25, 2013)

It's my understanding that the Pinellas County Sheriff's Offi ce is still enforcing the net ban and that they did make an arrest last night. Charlotte County appears to be doing the same. A call placed to Lee County revealed that they are not enforcing the net ban.


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## RTS (Jul 9, 2012)

> What I'm reading is the judge has found that the amendment defines all nets except cast nets as illegal. The FWC, which is a law making body, has created a different law to define nets and has disproportionally applied that law to Mullet fisherman. As such she has suspended the FWC's ability to enforce their regulation. The Amendment still stands and its possible that the FWC will have to enforce a total Net Ban.


I read it the same. :-?

Seems FWC redefined after the vote "by the people" leaving the amendment subject to scrutiny? 

But then, I am on the wagon to try any elected official that does not uphold the constitution for treason. We elect them to uphold our constitution and they chose to attempt to break it down, treason as I see it.


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## 8loco (Feb 12, 2012)

Guys, please check back in about an hour for a large post about what's going on with this. I have been on the phone all morning with FWC, Attorney Gerneral's Office, local news, state representatives, and so on. I'm currently on hold with the A.G. Office again. I will post my information when I'm off the phone.


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## 1118580Rob (Oct 25, 2013)

Ocho - check out my post from yesterday.... I went through the whole circus yesterday with non-stop calls....FWC, SAO, Local PD's, Local SO's, AG's Office, numerous commercial fishermen, etc.


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## 8loco (Feb 12, 2012)

Ok. This will be a long post, please read it it's entirety. This is something that should effect a passion in all of us. I'll start with FWC - unfortunately there hands are tied in this matter and they are just as confused as most of us. I spoke with the Commercial Marine Fisheries Manager this morning he stated "Judge Jackie Fulford has somehow executed a Lift of Stay, which has overturned the 18 year net ban statewide as far as FWC being able to enforce the law. Attorney General Pam Bondi has already filed an appeal in the 1st District Court of Appeals to revert back to the net ban." This is where this ruling currently resides and is held up mainly through time. Just the time it takes to file the paperwork, running, etc. The FWC Liasion I spoke with stated that some counties are choosing to continue the enforcement and prosecution of offenders. This is done through the local sheriff and police municipalities. Some of these counties are Hillsborough, Pinellas, and Charlotte. These are just ones I know of. I'm currently awaiting phone calls back from the Lee County Sheriffs Office as well as the State Attorneys Office located in Lee County. I've also contacted local news agencies and encouraged them to give this story some legs. 

I truly believe there is few people who actually realize this ban has been overturned. If the general public knew of this there would be a fire at the Attorney Generals Office to reinstate the Net Ban. Please get the word out.

I have also contacted my local state representative as well as my state congressman. 

I do have more information coming and any who wants to get a full brief please PM me mad I'll send my cell phone number over. 

Also, CCA has a online petition going to overturn the overturn. Please sign it. 

Thanks for the patience.


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## 8loco (Feb 12, 2012)

RedfisherPG, thanks for the calls yesterday. It's going to take all of us doing this until we can make some headway with this. I can supply phone numbers and emails for those I contacts today if anyone's is interested.


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## 1118580Rob (Oct 25, 2013)

Lee County, Collier County, Sarasota County and Manatee County are all not enforcing the ban at this time. Charlotte and Pinellas are enforcing it. Last I heard (6am today) Hillsborough SO had not made a decision.


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## RTS (Jul 9, 2012)

> Ok. This will be a long post, please read it it's entirety. This is something that should effect a passion in all of us. I'll start with FWC - unfortunately there hands are tied in this matter and they are just as confused as most of us. I spoke with the Commercial Marine Fisheries Manager this morning he stated "Judge Jackie Fulford has somehow executed a Lift of Stay, which has overturned the 18 year net ban statewide as far as FWC being able to enforce the law. Attorney General Pam Bondi has already filed an appeal in the 1st District Court of Appeals to revert back to the net ban." This is where this ruling currently resides and is held up mainly through time. Just the time it takes to file the paperwork, running, etc.  The FWC Liasion I spoke with stated that some counties are choosing to continue the enforcement and prosecution of offenders. This is done through the local sheriff and police municipalities. Some of these counties are Hillsborough, Pinellas, and Charlotte. These are just ones I know of. I'm currently awaiting phone calls back from the Lee County Sheriffs Office as well as the State Attorneys Office located in Lee County.  I've also contacted local news agencies and encouraged them to give this story some legs.
> 
> I truly believe there is few people who actually realize this ban has been overturned. If the general public knew of this there would be a fire at the Attorney Generals Office to reinstate the Net Ban. Please get the word out.
> 
> ...


Thank you for your diligence.

[smiley=z-club.gif]


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## FredGrunwald (Sep 24, 2012)

Heres the petition going around 
http://www.yousign.org/en/netbanpetition


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## 1118580Rob (Oct 25, 2013)

Great news guys!!!!!!!!!!!!! FWC is back in the gill net enforcement business as of approximately 15 minutes ago!!!!!!!!!!!!!!!!!!!!!!


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## 8loco (Feb 12, 2012)

Just got the call from the my local marine sheriff SGT. It's been overturned. Woo hoooo. Thanks for all the work guys


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## Net 30 (Mar 24, 2012)

GREAT NEWS!!!! I hope all of our emails, calls and posts somehow made a difference.......


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## Paul_Barnard (Oct 28, 2011)

Way to go guys and gals of FL. Great work!


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## eratanun (Sep 16, 2013)

This is great news, but the work's not over! Keep pressure on the people that are high up enough to make this permanant, rather than just during the appeal process!


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## 1118580Rob (Oct 25, 2013)

Edward your correct... as of right now the "stay" on the Judges original order has been reinstated , meaning her order is basically under review. Which means this battle is not over yet, though we seem to have the upper hand now. But you can bet that the gill nets probably have not all left the water yet. They were defiantly out there in Gasparilla Sound today. Keep that petition going guys!


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## fishicaltherapist (Mar 9, 2013)

Keep contacting TV, Radio,Newspaper where ever you are. THIS is becoming NEWS! Hopefully,when it's over the BAN will be PERMANENT. [smiley=usa2.gif]


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## topnative2 (Feb 22, 2009)

FWC should start hitting the netters w/ nav. rule violations etc.......


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## fishicaltherapist (Mar 9, 2013)

MIGHT be a COINCIDENCE but, the FULFORD name has been associated with commercial fishing for decades!!!Cortez,fish house, Anna Maria, ring a bell? [smiley=1-mmm.gif] Thank-you 1st district court of appeals!


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## 1118580Rob (Oct 25, 2013)

Guys, don't let this go, if you haven't filled out the petition, fill it out, this isn't over yet....remember the stay has been placed back on her order, her order has not been struck down


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## mxbeebop (Mar 22, 2013)

Not everyone is getting the message, I found this 200 yard net in Upper Tampa Bay yesterday, right at the mouth of a bayou that was very productive. This makes me want to stake out in No-seum infested mangroves and  swing on the scum bag,  I took the high road and called FWC, the officers told me  "this is our second net today"!


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## Creek Runner (Sep 1, 2011)

> Not everyone is getting the message, I found this 200 yard net in Upper Tampa Bay yesterday, right at the mouth of a bayou that was very productive. This makes me want to stake out in No-seum infested mangroves and  swing on the scum bag,  I took the high road and called FWC, the officers told me  "this is our second net today"!


Good Job! Keep calling the FWC!


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## Snooknut (Jan 22, 2013)

GREAT FIND Chris!! These assholes have just killed more reds then I've caught this year


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## mikeregas (Mar 15, 2013)

Seeing crap like this makes me sick! I hope we can get this resolved as long as we all do our part to help. We voted, well some of us voted for this net ban years ago and a lot of you are reaping the benefits of the ban. Please sign the petition and do your part as well. I am calling out the members that were not old enough to vote in '95, they have no idea what this could do to our fisheries. 

Makes me wish I had my old center console with twins....

Trim one up and go looking for a net to chop!!!!!


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## 1118580Rob (Oct 25, 2013)

Guys, keep this thing going....sign that petition, get your family and friends to sign it as well. 
Just yesterday I received complaints from two separate commercial fishermen who employ cast nets that stated that when they went to bring their catch to the market earlier in the morning they met others that had fish that were obviously caught with gillnets due to the tell-tale marks on them.


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## MUD_MINNOW (Oct 16, 2011)

Bump


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