A federal appeals court has upheld Florida’s regulations on pompano fishing in federal waters of the Gulf of Mexico, rejecting a challenge by a commercial fisherman who argued that the state lacked authority to impose such rules.
The 11th U.S. Circuit Court of Appeals sided with the Florida Fish and Wildlife Conservation Commission (FWC) in a case involving the complex interplay of federal and state jurisdiction over fishing activities.
The lawsuit was filed by Monroe County commercial fisherman Tim Daniels after he was cited in 2020 for using gill nets to catch pompano in the Gulf’s Exclusive Economic Zone (EEZ). Florida prohibits the use of gill nets, with some exceptions, for pompano fishing.
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Daniels argued that federal law preempted Florida from regulating fishing in federal waters. However, the court found that the Magnuson-Stevens Fishery Conservation and Management Act allows states to regulate fishing vessels in the EEZ in the absence of a federal fishery management plan, which is the case for pompano.
The court clarified that the state’s authority to regulate “fishing vessels” extends to activities related to fishing, including the use of gear and methods.
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The FWC has designated pompano as a restricted species in need of protection. In addition to the gill net ban, regulations include daily catch limits, size restrictions, and other measures to ensure sustainable fishing practices.
The court’s decision affirms the state’s role in managing fisheries and protecting marine resources in federal waters. It also provides clarity on the jurisdictional boundaries between state and federal regulations in the fishing industry.
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