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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in 1983, the Florida Legislature enacted Chapter 83-134, which created the Marine Fisheries Commission and which also repealed a number of special acts including Chapters 27473 and 30665, and provided that such special acts continue in effect as rules of the Marine Fisheries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 App oyes a• to form and -gal . ic'- . . irk_► Jeffre i• . at ow Count i Ailsrney I