The 1994 Net Ban Constitutional Amendment: a case study of marine fisheries management in Florida

Abstract

On November 8, 1994 the Florida electorate voted 2,876,091 to 1,135,110 in favor of proposed amendment #3 to the state constitution. The amendment effectively reallocated the state's nearshore fisheries to predominantly recreational "hook and line" anglers through a ban on the use of certain net gear. The amendment was initiated via a petition drive supported by a coalition of recreational fishing and conservation groups. These interest groups have continued to play an increasingly important role in the management of Florida's marine fisheries resources. This thesis presents a case study of the issues and events leading to the electoral approval of Article X, Section 16 of the Florida Constitution. An in-depth look at the case is presented, highlighting critical issues and occurrences. Also, theoretical explanations for case findings are presented. The vigor of related interest groups was the key to the initiation and success of the referendum. For years, well-organized groups representing the commercial industry maintained a considerable presence and influence in state government. Focusing much of their efforts on the Governor and Cabinet, and pursuing rule challenges, these groups prevented the implementation of numerous regulations supported by recreational interests. After limited success through institutional channels, recreational interests formed a coalition and initiated a petition drive that succeeded in getting the proposed amendment on the ballot. The established institutions responsible for marine fisheries management in Florida failed to appreciate the strength of organized recreational fishing interests within the state. Although its inability to sufficiently address the issue was partially attributable to the institutional hierarchy, the Florida Marine Fisheries Commission must better appreciate the role of such interest groups.