This Article Was Sent Out On February 5th to many newspapers. Reproduce at will. 🙂 Read The Truth, Spread the Word, Contact Your Legislator, and Demand Changes as an American Citizen!
Article IV, Section 9 of the Florida Constitution requires the FWC to provide adequate due process when creating rules that govern the commercial fishing community. This adequate due process has clearly been defined twice by the Florida Supreme Court, which stated, Thus, we are persuaded that the Commissions rulemaking power is circumscribed only by the requirement in the statute the Commission act reasonably pursuant to the policy and standards in section 370.025.
Our Florida Legislature went one step further to protect the fishing community by mandating in F.S. 370.093(6) , The Fish and Wildlife Conservation Commission is granted authority to adopt rules pursuant to s.370.025 implementing this section and the prohibitions and restrictions of s. 16, Art. X of the State Constitution.
Can there be any misunderstanding of what the Legislature, Supreme Court, and Statutes are requiring the FWC to adhere to when making rules governing the fishing community? With the above listed information it would be hard to imagine that anyone with a junior high education would have trouble answering this simple question.
Let me quote what the FWC and their attorneys have written in response to our direct inquiry as to whether or not they use the only due process mandated by the Florida Legislature, Supreme Court and Statutes…
No. … And since their creation in 1999, this is the way the FWC has operated.
The FWC have asserted that they are above the law, and have clearly stated that they are completely autonomous. This is not only a pure violation of the Commissioner’s Oath of Office, it is a slap in the face of all Americans.
When questioned about their prejudice against the commercial fishing community, the FWC replied, The Net Limitation Act was a political decision legitimately arrived at and not a biological matter. It is simply the external framework within which the FWC must operate until changed.”
The Legislatures laws are simply an annoyance to the FWC, and the FWC will continue to rule by politics only until they are forced to change. This session, the Legislature will have an opportunity to make changes in the tyrannical manner the FWC have abused the commercial fishing community for the last six years. Will the Legislature allow this agency to continue to rule by politics without law? Lets hope not. No Legislator that calls himself an American should allow this constitutionally corrupt agency to continue abusing selected citizens as political prisoners without the constitutional protections of law that every other citizen enjoys. At Fishing For Freedom we have heard rumblings that the Legislature has finally taken a great interest in the plight of the commercial fishing community. We hope so. It will be interesting to see which Legislators feel that the Constitutions and laws should protect ALL American Citizens, and which Legislators feel that only SELECTED citizens should enjoy these guaranteed protections. But, as the FWC has clearly stated, until they are forced to change, nothing the Legislature mandates matters to them in the least.
WILL the Legislature make budget cuts and reallocated the funds to more worthy law abiding agencies? WILL new bills be introduced to protect the rights of ALL citizens? Lets just say at Fishing For Freedom and the commercial fishing community, we are all waiting with baited breath.
VP Fishing For Freedom