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Laws on enforcement

CandyCandy Posts: 4 Greenhorn
Is there a Law, Federal or State, that requires Florida Fish and Wildlife law enforcement to enforce Federal Fishery laws?

If yes, please post a copy of the law/laws.

Replies

  • Roc N RolRoc N Rol Posts: 1,352 Officer
    No law, but they work together. Even if you are trailering your boat any LEO, state, city, county or federal can check your catch and write citations.
  • notreelynotreely Posts: 653 Officer
    Candy wrote: »
    Is there a Law, Federal or State, that requires Florida Fish and Wildlife law enforcement to enforce Federal Fishery laws?

    If yes, please post a copy of the law/laws.

    FWC’s Division of Law Enforcement is responsible for protecting Florida’s natural resources, including fish, wildlife and the environment, while providing a safe atmosphere for residents and visitors to recreate. This is in keeping with the Division’s core missions.

    FWC officers have full police powers and statewide jurisdiction. They patrol rural, wilderness and inshore and offshore areas and are often the sole law enforcement presence in many remote parts of the state. The Division of Law Enforcement has cooperative agreements with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. Officers are also cross-deputized to enforce federal marine fisheries and wildlife laws, thus ensuring state and federal consistency in resource-protection efforts.

    http://m.myfwc.com/about/inside-fwc/le/what-we-do/
  • CandyCandy Posts: 4 Greenhorn
    Roc & Rol and notreely,

    Are either of you employed by the FWC?
  • NMFS has a cooperative agreement with FWC to enforce federal laws with respect to fishing.
  • CandyCandy Posts: 4 Greenhorn
    Ok, so what I'm understanding is that there is NO Law that requires the FWC to enforce federal fishery laws, it's just a cooperative agreement.

    Is there anyone on this thread that works for the FWC that can verify that my understanding is correct?
  • snookaffinitysnookaffinity Naples, FLPosts: 1,240 Officer
    I am not with FWC, but you are correct. Law enforcement officers have discretion to enforce or not to enforce depending on the particular circumstances.
    "It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt." - Mark Twain
  • gaudzilla34gaudzilla34 Posts: 15 Greenhorn
    FWC officers are federal deputized, they carry a federal credential. Really if FWC wanted too they could arrest someone in Alaska (never will happen), but they do go on military bases and into Alabama and Georgia waters. As for federal cases involving fishery, if the case is big enough it will get federal charges, but you can charge someone in federal waters under state statute if they are going to are coming from state waters. I think this falls under magnuson-stevens fishery conservation and management act.
  • aboveboredabovebored Posts: 1,334 Officer
    This question often comes up when would be commercial fisherman ask why they need a federal permit to harvest in state waters if they possess an Saltwater Products License with a restricted species endorsement.
  • notreelynotreely Posts: 653 Officer
    Candy wrote: »
    Ok, so what I'm understanding is that there is NO Law that requires the FWC to enforce federal fishery laws, it's just a cooperative agreement.

    Is there anyone on this thread that works for the FWC that can verify that my understanding is correct?

    If federal law being broken and FWC won't enforce the the violation, try NMFS office of law enforcement.
    http://www.nmfs.noaa.gov/ole/about/contacts.html

    If you ask 5 FWC officers a question, you'll probably get 3 wrong answers!
    The other 2 won't even attempt to answer it.
  • Roc N RolRoc N Rol Posts: 1,352 Officer
    Candy wrote: »
    Ok, so what I'm understanding is that there is NO Law that requires the FWC to enforce federal fishery laws, it's just a cooperative agreement.

    Is there anyone on this thread that works for the FWC that can verify that my understanding is correct?

    No I am not with fwc but this has been hashed out here before many times just try a search on the subject or you could just click on the link provided by Notreely or just read the quote he posted from the link to save you the effort. Special Agent Allen Coker is Federal and he is the one that for the most part post up on this site and may reply to this when he sees it and there are some fwc officers that at times will reply to this site, but you already have all the info you were looking for, you just have to except what you now understand as the way it is.

    Edit: I don't know if there is any law that requires an LEO to uphold the law, it is there sworn duty to uphold the law as far as I know.
  • gaudzilla34gaudzilla34 Posts: 15 Greenhorn
    notreely wrote: »
    If federal law being broken and FWC won't enforce the the violation, try NMFS office of law enforcement.
    http://www.nmfs.noaa.gov/ole/about/contacts.html

    If you ask 5 FWC officers a question, you'll probably get 3 wrong answers!
    The other 2 won't even attempt to answer it.

    379.2251 state statute that define agreement with government for the preservation of saltwater fisheries; authority of commission
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