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FLA. FISH AND WILDLIFE v. WAKULLA FISHERMEN

No. 1D13-5115.

141 So.3d 723 (2014)

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, Appellant, v. WAKULLA FISHERMEN'S ASSOCIATION, INC., Ronald Fred Crum, Jonas Porter, and Keith Ward, Appellees.

District Court of Appeal of Florida, First District.

July 7, 2014.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General and Jonathan A. Glogau , Assistant Attorney General, Tallahassee, for Appellant.

Carri S. Leininger of Williams, Leininger & Cosby, P.A., North Palm Beach, and Fred McCormack of Fred McCormack, LLC, Tallahassee, for Amicus Curiae Coastal Conservation Association-Florida.

Robert N. Hartsell and Sarah Hayter of Robert N. Hartsell, P.A., Pompano Beach, for Amicus Curiae The Snook and Gamefish Foundation.

David Guest and Bradley Marshall of Earthjustice, Tallahassee for Amicus Curiae Florida Wildlife Federation.

Ronald A. Mowrey , Mark L. Mason , and Nicholas Fugate of the Mowrey Law Firm, P.A., Tallahassee, for Appellees.

Gary M. Mastry, II of the Mastry Law, P.A., St. Petersburg, for Amici Curiae The Monroe County Commercial Fishermen and The Southeastern Fisheries Association.

PER CURIAM.

The Florida Fish and Wildlife Conservation Commission appeals a final judgment, contending the trial court erred by enjoining enforcement of article X, section 16, of the Florida Constitution and Florida Administrative Code Rules 68B-4.002, 68B-4.0081, and 68B-39.0047, and enjoining the Commission's authority to adopt rules pursuant to article IV, section 9, of the Florida Constitution with respect to the use of a "gill net" or an "entangling net." We...

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