STATE, MARINE FISHERIES COM'N v. ORG. FISHERMEN

No. BQ-41.

503 So.2d 935 (1987)

STATE, MARINE FISHERIES COMMISSION and Florida Conservation Association, Appellants, v. ORGANIZED FISHERMEN OF FLORIDA; Southeastern Fisheries Assoc. Inc.; Lee County Fishermen's Cooperative, Inc.; James Fish Company; A.P. Bell Fish Co., Inc.; Steinhatchee Fish Co.; Goodrich Seafood; Dukes Seafood Market; Harold Futch; Kim Gertz and Bay City Lodge, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 1, 1987.


Attorney(s) appearing for the Case

David Guest and Beverly McLear, Asst. Attys. Gen., Tallahassee, for appellant Marine Fisheries Com'n.

Philip S. Parsons, of Landers, Parsons and Uhlfelder, Tallahassee, for appellant Florida Conservation Ass'n.

Kenneth G. Oertel of Oertel & Hoffman, P.A., Tallahassee, for appellees.


THOMPSON, Judge.

The Marine Fisheries Commission (Commission) and the Florida Conservation Association appeal a final order of the Division of Administrative Hearings determining that the Commission's proposed rules regulating the harvesting of red drum (commonly known as redfish) in state waters are an invalid exercise of delegated legislative authority. We reverse.

Pursuant to § 370.027, Fla. Stat. (1985) the Commission initiated rulemaking procedures...

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