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HomeMy WebLinkAbout1977-10940 RESOLUTION NO. 77-109 WHEREAS, in support of the fish and porpoise population ® in the Indian River within the boundaries of Indian River County, Florida, the Board of County Commissioners has taken an aggressive role to protect its natural resources by: A. The passage of House Bill 1043, a copy of which is attached to this Resolution. B. The passage of House Bill 1044, a copy of which is attached to this Resolution. C. The passage of House Bill 1061, a copy of which is attached to this Resolution. D. The passage of House Bill 1990, a copy of which is attached to this Resolution. E. The passage of House Bill 631, a copy of which is attached to this Resolution. F. The passage of House Bill 5454, a copy of which is attached to this Resolution. and WHEREAS, The Board of County Commissioners of Indian River County, Florida has previously gone on record opposing the taking of porpoises within Indian River County by any State or Federal Governmental Agency; and WHEREAS, in disregard of the County's position as documented within this Resolution, the Department of the Navy, The Natural Marine Fishery Service, Sea World of Florida, and other State and Federal Governmental Agencies, have ignored the mandate of Indian River County by the issuance of Marine Mammal Permit No. 12; and WHEREAS, as a result of the issuance of Permit No. 12 and the netting of porpoises within the Indian River Area, a tremendous public outcry occurred, evidencing the opposition of the citizens of Indian River County to the taking of our natural resource without the County's knowledge or consent. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That all State and Federal Governmental Agencies be put on notice as to the County's oppostion to the taking of porpoises within the County limits of Indian River County, Florida; and BE IT FURTHER RESOLVED, that a copy of this Resolution be mailed to all interested parties. *************** This Resolution shall become effective as of the 2nd day of November , 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By : GIc 4l -n C )60/0 - William C. Wodtke, Jr., airman Attest: Freda Wright, Clqlpk 61 G )0 1..111'` ttl' l Lultllt:l 1-- - . . :1:94 11 C1f.11''1'1;11 21:I01—(Xo. It)ll6)• 1101'S h; 11111IL No. mm AN' ACT to Prohibit the Tal;ing of or Atlealpting to 'Pelee Fis11, ):xeept With hook and Line, in All Waters of the Indian River County, Florida, Whieh Are Within the D:stance of one Ifnndred Yards in Any Direclion of and from Any Bridge Which Traverses the Indian (liver or Any Part 'Thereof in Indian River County, Florida; Providing for the 1?nforee- mcut of Said Act; Providing Penalties for the Violation of Said Act. Be It Enacted by the fegislalttre of the State of Florida. Section 1. For the purpose of this Act, the following shall be construed respectively to mean; Pcrsnn. The plural or singular, as the ease demands, includ• ing individuals, associations, partnerships and corporations, un. less the context should otherwise require. Taking or attempting to take. Whenever it is made unlawful to "falm" or "attempt to take" fish• the same shall be construed to include the pursuing, killing, capturing, trapping, slurring, netting, gigging and worrying or attempting to pursue, ]till, rap- ture, trap, scare, net, gig or worry fish. Section 2. It shall be Unlawful for:illy pperson to take or attempt to take fish, except with hook and line, in all wafers of the Indian )fiver in Indian Ricer County, Plorida, which are within the distanee of one hundred yards in ally direction of and from any bridge which traverses the Indian direr, or tiny part thereof, in Indian River Comity, Plorida. Section 3. Any person violatin;; any provision of this Act shall be guilty of It misdemeanor :rnd upon conviction Thereof 911-111 be punished by fine not exceeding Five hundred Dollars ($500.00) or by imprisonment in the County jail for a period not exceeding six mouths, or by both such fine and imprison- ment, in the discretion of the Court trying the offender. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. This Act shall become effective immediately upon its becoming a law. Approved by the'Governor, 'fay 26, 1941. Filed in Office Secretary of State, 'May 27, 19.11. Lj 17� LAWS OF FLORIDA CIIAPTHR 211305—(No. 1097). IIOUSI; HILL NO. 10.1.1 AN ACT Prohibiting the 'faking of or Attempting to Take Msh, Except With Ifonl: fund Line, in file Channel of the Indian River in Judian River County, Florida, or Within One Il11n- dred h'eet, on Fach Side. of Said C•h:naael; I'roh llitinr• the, Ilse of Nete, fie;nes and Other Devices in Said \Vaters of Said Area; Defining the Terms "Channel" and Other Terms Set Out in Said Act; Providing Penalties for the Violation of Said Act and Providing for the Enforcement Thereof. i Be It Enarted by the Lcgisloturr, of the State of Florida: Section 1. I•'or file purpose of this Act, the followiut,• terms shall be construed respectively to uaeau: I'T HSON. The plural or singular, as the ease demands, iu- eludes individuals, associations, p:ulnershiIm and corporations, miles the context should otherwise require. TAKE. Whenever it is made unlawful to "take" fish, the word "take" shall include pursuing, killing. capturing, trappim•, snaring, netting, gi ; in;c :uui worrying a fish, or aflemptin� so to do, or placing or using tiny net, trap, snare, seine or other device for the purpmp of fah;naw wane and whether or not site], net or acts result in tilkiu,, such fink. "In the channel of the Indian River, in Laaatian River ('aunty, I Florida, or within one hmidred fret on each side of said eh:amel" is for the purpases of this Aet herewith defined to be, and this Act shall be sa construed. all waters within the uavifnable channel of the Indian River in Indian River County, Florida, :aul Avhieh navi- gable channel is a part of tl:e inland waterways, and which said navigable channel is located by bun}s or other markrr:• place•l by the United States En;,gincers fn;rether with flip arca extending I a distance of one hundred feet from each side of said c I Impl in it direction away from the center of such channel and the sides of which channel being as determined and marked by the buoys and markers placed by United States Engineers. • Section 2. It shall be unlawful for any person to take or at- tempt to take fish, except with hook and line, in the channel of the Indian River in Indian River County, Florida, and within one hundred feet on each side of said channel. 891 Chip. s 19.11 CIIAPT1,N? 21306—(No. 10911). DOUSE DILL NO. 1061 AN ACT Finding and Declar;ng That the Conservatico of the Surface Waters and the Raising of the Level of Uuc Water Table in India,, River County, Plo•ida, Where tile. Sante Dlay be Necessary, is in the interest of the Public Welfare; Au- thorizing the Board of County Con11nissioncrs of Indian ]liver County to Conserve the Surface Waters in Italian River County; Providing Authority in the Board of County Coln - nlissioners of Indian.ltivcr ('aunty to Erect. aul Maintain Dams, Gates and Other Barriers and Devices for Controlling and Conserving the Flory of Surface Watet•s in Any Nataral or Artificial Outlet or Drainage; Prohibiting the Unatutha.rizrd Interference With Any Dam, Cate or Other Barrier or Deyirc so Erected and Providing the Punisinnent .11,11 Pen;tlh• There- for; Providing a Remedy for the Belief or Redrar% by the Owner or Any Other Person haying .\ny Initere,1 in aut•I to Any Lands Which May be Dantawed or subj.•et t.a li-nna�. as a Result of tine Erection anal mai nt#.na ..f Chap. 21306 or Danns; Providing for the Payment of the Costs of Erecting 1941 and Mainlaini,,g finch Devices for the Control and Conserva- tion of the 1,9ow of Surfaee Waters; Anlhorizhig the Board of County Conmis., rs of Indian River County. After Due Notice, to Snspead the 16,111t to tine Farther Drainage of Swamps, Rfarshes, bakes alai other Natural Bodies of Surface Waters; Providing That 'Chis Ast. Shall Not. Apply to Lands 'or Waters Within the Biamilaries of Any Drailu; a District Duly Organized and I;xisti,,g in Indian Itiver County, Flor- ida, or to' Any Waters, Ditehes, or (':utak 11'hich 0011111 a Part of the Plat of L'eelantation of Any Drainage District Dolly Organized and Existing in Indian River C'outity, Flor-• ida; and Repealing All Laws ill Conflict. herewith. Ile It Enacted by the brgislaturr of the State of Tlorida: Section I. It is hereby determined that the extensive drain- age of swamps, swamp lands, marshes, lake% and other natural bodies of stu•face waters in Indian River Count c, Florida, has seriously injured and added greatly to the hazards of the Ill - duction of citrus fruit, vegetables and other agrieultural, horti- cultural and florieultural product; by the lowering of the water table ,,uderlying the lands oto which said crops are produced; and further, by draining off vast natural bodies of surface waters which, in the past, have afforded frauprotection to.said Crops. It is further found and determined that the protection of titee : agricultural, horticultural and t•loriculta11:d endeavors are of vast intlao•tanee to the health and prosperity of the people of Indian ]liver County, Florida. Section 2. For the purpose of providing a means for the i conservation of surface waters and raising the water table under- lying the lauds devoted to the culture of fruits, vegetables and other Crops and all lands devoted to agriculture, horticulture alt(] floriculhtrc in Indian River Comity, Florida, the Board of Country Commissioners of Indian River Comity is hereby invested with a,,tho•ity to comerve the surface waters and to control the drainage and flow thereof. Section 3. Whenever it shall he made to appear to the Board of County Commissioners of Indian River County that there ex- ists a necessity for the conservation of surface waters in any natural or bodies thereof in said county, said hoard of Cooly Commissioners is hereby authorized and empowered in the dis. _ CHAPTER G3-774 HOUSE BILL NO. 1990 • to fishing Im- in the Sebastian River; making ACT of fish by certain specified means; p AN relat ki lawful the taking exception; providing effective date. Florida: Be it Elaacted by the Legislature of the Mate of person, Persons, firm or cor- It is unlawful for cause to be fished, with any net Section I. fish or o► its tributaries, or to poration to place, net, or anY any in the Sebastian river upon the Sebastian river °r feet or nets nets or net in or p hundred (1G00) possess any of a point sixteenbridge, except that it of its tributaries, west { west of common cast net for the purpose i the F►ori 1a East Coast Rai way ermissible to use a shall be p be of catching salt water fish. i Section 2. This act shall take effect immediately upon coming a law•roval. i Became a law without the Governor's app 1963. Filed in Office Secretary of State June 11, 40 i CHAPTER 65-967 HOUSE BILL NO. 631 AN ACT relating to the taking of fish from the waters of the Indian and Banana rivers; prohibiting the use of certain j gill or drag nets; providing a penalty; providing an effective date. Be It Enacted by etre Legislature of the State of Florida: Section 1. It shall be unlawful for any person to take fish from the waters of Indian River in Brevard, Indian River, or St. Lucie counties or from the waters of the Banana River in Brevard county with any gill or drag net having a bar meas- urement of less than one and seven sixteenths (I %,) inches. Section 2. Any person violating the provisions of this act shall upon conviction be fined not more than three hundred (300) dollars or imprisonment not to exceed thirty (30) days or both. Section 3. This act shall take effect July 1, 1965. Became a law without the Governor's approval. Filed in Office Secretary of State June 4, 1965. ["7 CHAPTER 70.743 LAWS OF FLORIDA CHAPTER 70-742 House Bill No. 5454 AN ACT relating to Indian River County; prohibiting the cap• ture of porpoises in Indian River County; providing ex- ceptions; providing that violation is a misdemeanor; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section '1. It shall be unlawful for any person to capture Porpoises in the waters of Indian River County; provided, how- ever, that an agent of the department of natural resources or game and fresh water fish commission or a person authorized by said agent may capture porpoises for subsequent release to prevent death or injury to said porpoises. Any person violating any of the provisions of this act shall be guilty of a mis- demeanor. Section 2. This act shall take effect upon becoming a law. Became a law without the Governor's approval. Filed in Office Secretary of State July 2, 1970.