PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 83, GENERAL ORDINANCES, MARTIN COUNTY CODE RELATING TO FISH AND WILDLIFE AND THE LAKE OKEECHOBEE FISH AND WILDLIFE ADVISORY COUNCIL
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance amending Chapter 83, Fish and Wildlife, General Ordinances, Martin County Code. These revisions are necessary (i) to eliminate inconsistencies and address local government preemptions under Florida Statutes and the Florida Constitution and (ii) to remove any reference to the now defunct Lake Okeechobee Fish and Wildlife Advisory Council.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian Fox
Title: Senior Assistant County Attorney
REQUESTED BY: Board of County Commissioners
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In 1974, Martin County adopted a variety of ordinances in Chapter 83, Martin County Code, to regulate various methods of saltwater fishing and to address the protection of bald eagles, sea turtles and alligators. Subsequent to the adoption of Chapter 83, both the Florida Constitution and the Florida Statutes were amended to grant the Florida Fish and Wildlife Conservation Commission (FWC) exclusive regulatory and executive powers over wild animal life, freshwater aquatic life, and marine life. This authority includes the power to adopt rules tantamount to legislative acts for the management, restoration, conservation, and regulation of fish and wildlife in the state. These rules are set forth in Title 68 of the Florida Administrative Code. Judicial precedent confirms that local governments are not permitted to regulate saltwater fishing or wildlife due to this constitutional preemption.
Additionally, the regulation of bald eagles and sea turtles in the State of Florida involves both federal and state entities, with primary oversight provided by the U.S. F...
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