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CCA FLORIDA
COMMENTS AND RECOMMENDATIONS |
for
Rule 68B-4.002 Gear Definitions:
CAST NETS |
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| Interpretation of a constitutional provision which would lead to absurd results will not be adopted when contra interpretation is more in keeping with obvious intent and purpose sought to be accomplished. |
-Florida Supreme Court
Millender Decision |
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| Accordingly, we affirm the judgment of the circuit court and hold that for purposes of measuring trawl nets under article X, section 16, slant height equals one half the stretched mesh length from the mid-point of the net mouth to the tail end of the net, and that the Golden-Crum net complies with the amendment's specifications. (Emphasis added.) |
-Florida Supreme Court
Millender Decision |
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RECOMMENDATIONS
CCA FLORIDA SUPPORTS THE ORIGINALLY NOTICED RULE WHICH STATES THAT CAST NETS SHALL NOT HAVE "A CIRCUMFERENCE GREATER THAN 79 FEET 3 INCHES."
CCA FLORIDA DOES NOT SUPPORT SUBSTITUTE LANGUAGE WHICH FINDS THAT CAST NETS ARE "TRAWL OR BAG TYPE NETS" AND SUBJECT TO THE SHRIMP TRAWL MEASUREMENT FINDINGS IN THE SUPREME COURT - MILLENDER DECISION.
COMMENTS
- A hand-thrown cast net bears no resemblance whatsoever to a trawl net in either shape, construction or use.
- The Supreme Court clearly stated that their decision was "for purposes of measuring trawl nets under article X, section 16." Cast nets or "other bag type nets" are not discussed in the decision.
- Cast nets are hand-thrown over fish and are designed and constructed to spread out and strike the water surface in a circular shape and manner.
- Trawl nets are pulled thorugh the water by a boat; they are not hand-thrown.
- Article X, Section 16(c)(2) refers to measuring "trawls and other bag type nets." A "bag" is a three-dimensional object. There has been no evidence presented to establish that cast nets are bag type nets. The majority of the evidence presented portrays cast nets as two-dimensional objects which resemble a flat circle when spread out on the ground or thrown out on the surface of the water. The standard "industry-accepted method for measuring" the size of a cast net is ten-foot, twelve-foot, etc., which refers to the radius of the circular net.
- The 80-foot circumference proposed in the "substitute language" is larger than the 65.75 foot circumference of the mouth of the trawl net in the Millender decision.
- Cast nets are circular-shaped nets. Article X, Section 16 states that "the square foot shall be calculated using standard mathematical formulas for geometric shapes." A circular net with a circumference of 80 feet and stretched length (radius) of 14 feet will have a "mesh area" of 615.44 feet, which is greater than the 500-square-foot maximum allowed by the constitutional limit.
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Prepared by: Ted Forsgren
CCA Florida
905 E. Park Avenue
Tallahassee, FL 32301
(850) 224-3474
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P.O. Box 568886 • Orlando, FL 32856
Phone: (407) 854-7002 • Fax: (407) 854-1766
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