1991-35 Restrictions on Fishing & Fishing Nets & TrapsRESOLUTION N0. 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;
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NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
NORTH PALM BEACH, FLORIDA:
Section i. 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.
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.
MAYOR
ATTEST:
' VILLAGE CLERK
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217-147-7-1
A bill to be entitled
An act relating to Palm Heach Cou~ty~ providlnq
restrictions on Piahing and ,th~~'p~aeasion of
fishing nets and traps between r~rtain hours on
F, i
certain waters with}ti'~khe~oqunty"i providing for
irs ections~ ~ ~ ~'•
P providing L~br the seisure and
forfeiture tiP°.certain nets and illegally taken
fish under cez•thin circumstancea~ providing
penaltiea~ providing legislative intents
providing aeverabilityj providlnq an efPeetive
date.
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words underlined are additions.
Be It Enacted by the Legislature of the Btate of Florida:
Section 1. The takine oP fish for resale Eo the public
from the waters of aeawalled man-made canals within the
boundaries of the Villa a of North Palm Heach is rohibited
between the hours oP 10 .m. and 7-a,m.
Section 2. It is unlawful Por env person to have in
his possession upon the waters of
sawalled or man made canals
within the boundaries of the Villa a of North Palm Beach
between the hours oP 10 .m. and 7 a.m, an haul net ill
net, sto net, seine or tra used for takin saltwater fish
however, this provision shall not apply to env person livinc
on property adiacent to or contained in these areas when
transporting such gear to and from leeal Pishin areas
Section 3. Any person occupvina a boat upon the waters
of seawalled or man-made canals within the boundaries of the
villa a of North Palm Heach shall be deemed to have iven hie
consent to have his catch ins acted u on demand or re ueat b
31I any law enforcement officer whn ti. '
s reasonable grounds to
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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 11.21
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 sot shall be guilty of a 1.24
6 misdemeanor oP the second degree and shall upon conviction
7 be punished as provided by general law 1.25
8 (2) Anv law enforcement officer upon arresting anY 1.26
9 erson for violating env provision oP this act shall seize
10 env haul net, gill net atop net seine Ox trap used 1n 1.27
11 violation thereof, Upon the oonvlotion of env such person 1.28
12 such nets, selnea or traps ace hereby deolared to be public 1.29
13 nuisances and shall be forfeited to the state ursuant to e.
14 370.061(1), Florida Statutes except that env proceeds from 1.30
15 the sale thereof shall be de pelted into the Motorboat
16 Revolving Trust Fund to be used for law enforcement purposes 1.31
17 f3) Any law enforcement officer upon arreatin env p lus
18 person for violating env provision of this sot shall seize 1.33
19 any catch unlawfully taken Such catch shall be disposed oP 1.34
20 pursuant to s. 370.061(2) Florida Statutes except that in
21 the event oP conviction the roceeds Prom the sale of such 1.35
22 catch, or from the bond or cash de oait shall be de osited in 1.36
23 the Motorboat Revolving Trust Fund to be used for law
24 enforcement purposes 1.3I
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 reetrioted Por the purpose
28 of benefiting and encouraging the growth oP the tourist 1.40
z9 industry, sports fishing industry and commercial Fishin 1.41
30 industry for all the citizens oP this oounty end to Further
31 provide protection for breeding grounds of saltwater Piah and 1,42
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217-147-7-1
marine life in the inland waters described in this act and to 1.43
encourage the development and props ation of saltwater fish
within these waters and to eliminate friction exiatinc 1n Palm 1,44
aeach County betweensp orts fishermen waterfront property 1.45
owners, and commercial fishermen and to abate nuisances .
arising therefrom,
Section 6. IP any provision oP this act or the
application thereof to any person or circumstance ie held
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invalid, the invalidity shall not affect other provisions or
applications of the act which can be Given effect without the 1.48
invalid provision or ap plication and to this end the 1.49
provisions of this act
Section 7. This
DING: words atrteken are are declared severable
act shall take effect October 1, 1992.
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s,