ENVIRONMENT : Sea Turtle Safety Nets Upheld

TALLAHASSEE, Fla. —  The Florida Supreme Court today unanimously upheld a state rule requiring shrimp fishermen in Florida waters to use devices designed to keep sea turtles from getting killed in their nets.

Turtle excluder devices are like trap doors that let sea turtles, which need to surface to breathe, escape drowning in shrimp nets. Some shrimpers argue that TEDs also let enough shrimp out to put them out of business.

The rule was approved by Gov. Bob Martinez and the Cabinet in August as an emergency measure to help save endangered species of sea turtles. The temporary rule the court reviewed expired last week, but the governor and Cabinet also have approved a permanent rule requiring the use of TEDs.

The challenge to the state rule was brought by David Davis, the first shrimper cited under it. He argued that the Florida Marine Fisheries Commission had overstepped its authority in writing the measure and that the state Legislature was the only body that could properly make such rules.