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Board repeals outdated county fish-and-wildlife ordinances to align with state preemption
Summary
Martin County adopted an ordinance to remove portions of Chapter 83 that regulate fish and wildlife; staff worked with the Florida Fish and Wildlife Conservation Commission and received FWC support to acknowledge state preemption of wildlife regulation.
Martin County commissioners on Oct. 21 adopted an ordinance amending Chapter 83 of the Martin County Code to remove local provisions that conflict with the Florida Constitution and state statutes granting the Florida Fish and Wildlife Conservation Commission (FWC) primary authority over fish and wildlife regulation.
Senior Assistant County Attorney Sebastian Fox explained that Chapter 83 historically included local rules governing saltwater fishing and protections relating to bald eagles, sea turtles and alligators, but subsequent changes to the Florida Constitution, Florida statutes and the Florida Administrative Code (Title 68) vest primary regulatory authority with FWC. County staff worked with FWC to ensure the proposed ordinance aligns with state authority and to prevent inconsistent local rules.
FWC provided a formal letter of support read into the record by staff; the letter recognized the commission’s constitutionally established rulemaking authority and endorsed Martin County’s effort to streamline local code language.
What commissioners and speakers said - Sebastian Fox summarized legal preemption and the county’s goal to remove outdated or redundant provisions so county code does not conflict with state law. - Arthur Rink, a public speaker, thanked the board for taking up the item and noted a related enforcement issue at the National Wildlife Refuge; he urged coordination with FWC on any remaining localized rules.
Action and effect - The board voted unanimously to adopt the ordinance as presented. The ordinance removes references to the defunct Lake Okeechobee Fish and Wildlife Advisory Council and updates Article 3 of Chapter 83 to reflect state preemption. - Staff noted the County Coalition for Responsible Management of Lake Okeechobee and the Saint Lucie and Caloosahatchee Estuaries (a multi‑county advisory group) replaces the defunct advisory council and does not need a separate entry in county code.
Ending: The ordinance aligns county code with state law and FWC rulemaking authority; the board’s action removes potential conflicts and assigns enforcement of wildlife regulation to state agencies where appropriate.
