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POTTER v. McCULLERS

No. 86-1044.

505 So.2d 510 (1987)

Hubert Edward POTTER, Jr., Wesley A. Potter, Jeb S. Hale, and Rubin Rochelle, Appellants, v. Captain Ronald McCULLERS; State of Florida, Department of Natural Resources; and Dr. Elton J. Gissendanner, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 7, 1987.

Attorney(s) appearing for the Case

David Paul Horan and Edward W. Horan, Key West, for appellants.

L. Kathryn Funchess and Charles R. McCoy, Tallahassee, for appellees.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The summary judgment under review declared constitutional Section 370.151(2), Florida Statutes (1985), against the appellants' contention that the federal government, through the enactment of both the Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1882 (1982), and the Gulf of Mexico Shrimp Fishery Management Plan, 50 C.F.R. § 658.22, has pre-empted any state regulation of shrimping activities in the area described in...

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