Resolution 2013-035 RESOLUTION 13- 35
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA SUPPORTING THE REPEAL OF
SPECIAL ACTS/ RULES, CHAPTERS 27473, PROHIBITING THE USE
OR AID OF ANY ARTIFICIAL LIGHT IN SPEARING OR GIGGING
FISH IN THE SALT WATERS OF COLLIER COUNTY, FLORIDA, AND
30665, PROHIBITING FISHING IN ALL WATERS OF COLLIER
COUNTY, FLORIDA BY MEANS OF SPEAR, GIG, OR SIMILAR
DEVICES, AND REQUESTING THAT THE FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION REPEAL CHAPTERS
27473 AND 30665.
WHEREAS, in 1951, the Florida Legislature enacted a special act, Chapter 27473,
prohibiting the spearing or gigging of fish by the use or aid of any artificial light in any of the
salt waters of Collier County, Florida; and
WHEREAS, in 1955, the Florida Legislature enacted a special act, Chapter 30665,
which prohibited fishing in all of the waters of Collier County by means of a spear, gig, or
similar device, effective upon a majority vote of qualified electors of the County, and
WHEREAS, On November 8, 1956, Chapter 30665 gained voter approval on the
General Election Ballot with 1196 for the ban and 590 opposed to the ban; and
WHEREAS, in 1983, the Florida Legislature enacted Chapter 83-134, which created the
Marine Fisheries Commission and which also repealed a number of special acts including
Chapters 27473 and 30665, and provided that such special acts continue in effect as rules of the
Marine Fisheries Commission; and
WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC) is the
successor organization of the Marine Fisheries Commission, pursuant to Chapter 99-245, Laws
of Florida, and has the authority to repeal Chapters 27473 and 30665; and
WHEREAS, Chapters 27473 and 30665 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 Collier County, Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier 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 27473, which prohibits the
spearing or gigging of fish by the use or aid of any artificial light in any of the salt waters of
Collier County, and Chapter 30665, which prohibits fishing in any and all of the waters of
Collier County by means of spear, gig or similar device.
3. The Board requests that FWC repeal the special acts and/or rules designated as
Chapters 27473 and 30665.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 12, i4of _\47:,■r-vairc.A , 2013.
ATTEST: ,, • _: BOARD OF COUNTY OMMISSIONERS
DWIGHT E. BROCK,-Clerk OF CO ER OUN Y, FLORIDA
By- °\'►:%` ,�� °L- By 1 1
'.'a t, `` 4 ,Deputy Clerk Ge s : a•�. 'i p er, Esq., Chairwoman
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