FFF President Ronald Crum's Letter to the Editor

Letter to the editors of newspapers and an appeal to the public to stand with us as we prepare for our upcoming "landmark case."

Our main goal in this case will be to force the FWC to use science, biology and tests, rather than politics to make rules that affect the environment. The ramifications of our case will likely be widespread... Assuring rationality in government.

September I, 2008

Letter to the editor:

The Wakulla Fisherman's Association D.B.A, Fishing for Freedom (FFF) is assembling a battery of attorneys, to seek constitutional due process when pertaining to Florida's environmental protection.

After fourteen years of experience in Florida's Court system, we have found due process denied. We have been convinced that this denial is supported by article IV, section 9 of the Florida constitution; we have also found that a constitutional amendment can be legal, but its application may be unconstitutional.

The experience has proven that no one questions the wisdom of the Florida Fish and Wildlife Commission (FWC). The courts also ruled F.WC. rules are ''tantamount to a legislative act'" and no branch of the government has oversight.

The final acceptance that we do not have due process is with our last case filed. We requested three rules of the F.W.C. be ruled unconstitutional, because they mandated, created, and caused citizens to unnecessarily kill and waste marine resources when citizens did not want to. This case included studies done by the F. W.C. and F.F.F., establishing the rules create a 98% unnecessary kill of fish to a 2% catch rate of targeted fish. Be very aware, this computes to a reported seven million pounds of harvest, and suggest that three hundred forty three million pounds of fish died unnecessarily. The concern of fishermen, is the three hundred forty three million pounds of fish unnecessarily killed, takes all their effort to remove them. Only 2% of effort is to earn income.

In 1997 the state testified that a two inch mesh seine net would have a harvest rate of 95 to 98% of legal sized fish. The position of the F.W.C. did not change until July 2005, when finally they requested a study. A dispute would not exist if the state's testimony was truthful in 1997.

In the circuit court for the second judicial circuit in and for Leon County, Florida, Case No, 2005-CA-1623 with judge Janet E. Ferris presiding, a summary final judgment was ordered in favor of the F.W.C.

Judge Ferris slated in her order and I quote;

1. "The constitution has established the commission as the body that "shall" exercise the regulatory and executive powers of the state with respect to wild animal life and fresh water aquatic life, and shall also exercise regulatory and executive powers of the state with respect to marine life."

2. "Because the commission's actions are not re-viewable under the administrative procedures act, a commission rule is "tantamount to a legislative act."

3. "The commission is therefore vested with exclusive legislative authority to adopt reasonable rules to regulate marine life in this state, and the legislature is constitutionally prohibited from adopting statutes in conflict with such rules."

4. "The commission's rules come before the court with a strong presumption of validity and must be upheld if they are rationally or reasonably related to a legitimate state interest. Because no fundamental right or suspect class is involved in this case, the rules in question will be analyzed using a rational basis test. Under this test, the validity of the rules must be upheld if "any state of facts may be conceived to justify them."

5. "Further, the court is not permitted to question the wisdom of efficacy of the commission's decision."

The court upheld the rules rational basis test with an affidavit given by the F.W.C. The affidavit supports that the environment can over come the unnecessary killing and waste of three hundred forty three million pounds of fish to a legal harvest of seven million pounds.

We ask that you join us in a lawsuit in the U.S. district court requesting constitutional due process. If citizens cannot question the wisdom of the F.W.C. when it creates a 98% unnecessary kill rate to a 2% legal catch rate. There is no due process. We can require biological management instead of political agenda You can write to us at Fishing for Freedom. PO Box 672, Panacea. FL 32346, or visit our web site Fishingforfreedom.net.

Respectfully;
Ronald F. Crum
President; Fishing For Freedom