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HomeMy WebLinkAbout1991-35 Restrictions on Fishing & Fishing Nets & TrapsRESOLUTION NO. 35 - 91 A RESOLUTION BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, SUPPORTING THE PASSAGE OF STATE LEGISLATION PROVIDING FOR RESTRICTIONS ON FISHING AND THE POSSESSION OF FISHING NETS AND TRAPS BETWEEN CERTAIN HOURS ON CERTAIN WATERS WITHIN THE BOUNDARIES OF NORTH PALM BEACH. WHEREAS, The Village Council of North Palm Beach wishes to provide an area within the Village boundaries where commercial fishing is restricted for the purpose of benefiting and encouraging the growth of the sport fishing industry and the commercial fishing industry; and WHEREAS, The Village Council of North Palm Beach wishes to provide protection for the breeding grounds of saltwater fish and marine life and to encourage the development and propagation of saltwater fish: and WHEREAS, The Village Council of North Palm Beach wishes to eliminate the friction existing between sports fisherman, waterfront property owners and commercial fishermen and to abate the nuisances arising therefrom; resfishing 1 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. That the Village Council hereby endorses and supports the passage of a Florida State Legislative Act (attached as Exhibit A) that will regulate commercial fishing in certain designated waters of the Village of North Palm Beach with the recommended amendment that the prohibited hours be 11 p.m. and 7 a.m. al Section 2. The Village Council calls upon all residents of the Village, the local commercial fishing interests and all County, State and Federal agencies regulating waterways to support the referenced legislation. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 26th DAY OF SEPTEMBER, 1991. ATTEST: VILLAGE CLERK resfishing - 2 - MAYOR 1 217-147-7-1 1. A bill to be entitled l;btc 2 An act relating to Palm Seach Cou,pty; providing 1.4 3 restrictions on fishing and thd.�session of 4 fishing nets and traps between p,9rtain hours on 1.5 i 5 certain waters wit)};ri\khe county; providing for 6 inspections; providing An the seizure and 1.6 7 forfeiture tic certain nets and illegally taken 8 fish under certain circumstances; providing 1.7 9 penalties, providing legislative intent; 10 providing severability; providing an effective 11 date. 1.8 12 13 Be It Enacted by the Legislature of the State of Florida; 1:enc 14 15 Section 1. The taking of fish for resale to the public 1.8 16 from the waters of seawalled, man-made canals within the 1.9 17 boundaries of the Villace of North Palm Beach is prohibited 1.10 18 between the hours of 10 p.m. and 7-a.m. 19 Section 2. It is unlawful for anv person to have in 1.12 20 his possession upon the waters of seawalled or man-made canals 21 within the boundaries of the Village of North Palm Beach, 1.13 22 between the hours of 10 p.m. and 7 a.m.. any haul net, gill 1.14 23 net, stop net, seine, or trap used for taking saltwater fish; 24 however, this provision shall not apply to anv person living 1.15 25 on property adjacent to or contained in these areas when 1.16 26 transporting such pear to and from leoal fishing areas. 27 Section 3. Any person occupying a boat upon the waters 1.17 28 of seawalled or man-made canals within the boundaries of the 1.18 29 Village of North Palm Seach shall be deemed to have given his 30 consent to have his catch inspected upon demand or request by 1.19 31 any law enforcement officer who has reasonable grounds to 1.20 1 CODING: Words stricken are deletions; words underlined are additions. 1 217-147-7-1 1. believe that a violation of this act has been committed and 2 such person shall produce such catch for inspection upon the 1.21 3 demand of any such law enforcement officer. 1.22 4 Section 4. (1) Any person, firm, or corporation 1.23 5 violating the provisions of this apt shall be guilty of a 1.24 6 misdemeanor of the second degree and shall, upon conviction. 7 be punished as provided by general law. 1.25 8 (2) Any law enforcement officer, upon arresting any 1.26 9 person for violating any provision of this act, shall seize 10 any haul net, gill net. stop net, seine, or trap used in 1.27 11 violation thereof. Upon the conviction of any such person, . 1.28 12 such nets, seines, or traps are hereby declared to be public 1.29 13 nuisances and shall be forfeited to the state pursuant to s. 14 370.061(1), Florida Statutes, except that any proceeds from 1.30 15 the sale thereof shall be deposited into the Motorboat 16 Revolving Trust Fund to be used for law enforcement purposes. 1.31 17 (3) Anv law enforcement officer, upon arresting any plus 18 person for violating any provision of this apt. shall seize 1.33 19 any catch unlawfully taken. Such catch shall be disposed of 1.34 20 pursuant to s. 370.061(2). Florida Statutes, except that in 21 the event of conviction. the proceeds from the sale of such 1.35 22 catch, or from the bond or cash deposit. shall be deposited in 1.36 23 the Motorboat Revolving Trust Fund to be used for law 24 enforcement purposes. 1.37 25 Section 5. It is the intent of the Legislature that 1.38 26 this act is being passed to provide an area in Palm Beach 1.39 27 County where commercial fishing is restricted for the purpose 28 of benefiting and encouraging the growth of the tourist 1.40 29 industry, sports fishing industry, and commercial fishing 1.41 30 industry for all the citizens of this county and to further I 31 provide protection for breeding grounds of saltwater fish and, 1.42 2 CODING: Words stricken are deletions) words underlined are'additions. 217-147-7-1 1 marine life in the inland waters described in this act and to 1.43 2 encourage the development and oropaaation of saltwater fish 3 within these waters and to eliminate friction existing in Palm 1.44 4 Beach County between snorts fishermen. waterfront property 1.45 5 owners, and commercial fishermen and to abate nuisances 6 arising therefrom. 7 Section 6. If any provision of this act or the 1.46 8 application thereof to any person or circumstance is held 1.47 9 invalid, the invalidity shall not affect other provisions or 10 applications of the act which cart be given effect without the 1.48 11 invalid provision or application, and to this end the 1.49 12 provisions of this act are declared severable. 13 Section 7. This act shall take effect October 1, 1992. 1.50 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 III 31 3 CODING: Words stricken are deletions; words underlined are additions.