It's no coincidence that Florida Amendment 2 appeared on the ballot on the heels of the state's failed attempt to destroy nine state parks.
Amendment 2 is written with a hokeyness that smells of warm apple pie and waves Old Glory to make us cozy up to the idea that fishing and hunting must be constitutional, even though these rights as a statute have never been questioned.
A constitutional right is permanent, and a statute may be amended annually as needed.
This Trojan horse called Amendment 2 uses heartwarmingly folksy and vague words: to fish and hunt "by traditional methods" and "by preferred means." However, "traditional and preferred" may include regressive, outlawed methods, such as gill nets, spears, poisons, clubs and metal traps. All became illegal with good reason: they are inhumane and/or indiscriminate.
Nevertheless, the amendment seeks to establish traditional methods "as a public right and preferred means of responsibly managing and controlling fish and wildlife,” even though nonlethal methods of wildlife management have proven highly effective.
Historically, a lack of limits on the general public and commercial fisheries proved that "responsible management" ended when Florida's seafood became wildly desirable up and down the Atlantic coast in the 19th and into the 20th centuries. Ten years after Florida gained statehood, controlling the harvest of fish and wildlife proved so disastrous that the first fishing regulation became law in 1855 and hunting permits were required in 1875. In 1879, some counties hired fish "bailiffs" to regulate fishing and fisheries in the wake of rapidly decreasing marine populations. Calling unregulated fishing "constitutional" will not increase marine life nor inspire altruistic self-regulation.
Gulf marine life is also gobsmacked by the increasing spread of the deadly red tide born from nitrogen and phosphorous runoffs. Florida statutes permit bans on fishing during red tide to protect humans from neurotoxin poisoning, paralysis, memory loss, asthma attacks and even death. Red tide is also deadly to marine birds, mammals like otters, crustaceans and fish. The smalltooth sawfish has been endangered since 2007.
The vast schools of grouper, redfish and snapper that once trawled our coast are no more. It's estimated that grouper and snapper have been overfished by 85%. Florida statute forbids gill nets, called "walls of death," that capture manatees, turtles, dolphins and sharks instead of the targeted fish. When nets are abandoned or torn loose by storms, they snag and doom marine life for years. Regulation is vital.
Unregulated hunting reduced the Florida black bear population to a few hundred in the 1970s. One of conservation's most effective efforts increased their numbers to 4,000. A state bear kill was reopened in 2015 but has been closed ever since because in two days, nearly 300 bears were killed. In the panhandle, by midday 122 were killed, three times the legal limit of 40 allotted for the entire panhandle. The stage was set for this shocking slaughter when the state sold an unconscionably high 3,200 permits.
The Second Amendment flies over-the-top when it declares the right to to hunt and fish is a "public right," wording that is used for no other right in our constitution, including our fundamental rights — and including the right to protect our private property from armed hunters.
The original NRA proposal for this amendment stated, "This section [hunters' rights to enter private property] shall not be construed to modify any provision of law relating to trespass or property rights." However, the Florida Legislature dropped that crucial restriction. Amendment 2 could override property owners' rights to restrict hunting on their land.
Amendment 2 says it won't limit the authority of the Florida Fish and Wildlife Conservation Commission, but it widely opens the door to the necessity for lawsuits to once again fight to restrict "traditional methods" if such barbaric killing is jingoistically considered "constitutional rights."
Amendment 2 is a wolf in sheepskin intended to disarm the protections put in place decades ago. Remember that a statute is updated annually and allows opportunities for fine tuning by scientists, conservationists, representatives and the public in statewide elections.
Amendment 2 stokes red-white-and-blue sentiments of beloved traditions and God-given rights to the great outdoors. But rolling back protections of our wildlife could destroy our "public right" to enjoy Florida's gifts.
Our rights to hunt, fish and protect our property will remain secure as long as we are active caretakers. Vote no on 2!
Jane Edwards is a UF alumni. Her family has lived in Florida for eight generations.
