Potter v. McCullers

The summary judgment under review declared constitutional Section 370.151(2), Florida Statutes (1985), against the appellants’ contention that the federal government, through the enactment of both the Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1882 (1982), and the Gulf of Mexico Shrimp Fishery Management Plan, 50 G.F.R. § 658.22, has pre-empted any state regulation of shrimping activities in the area described in Section 370.151(2), Florida Statutes (1985).1

*511The judgment of the lower court recited in pertinent part:

“1. There is no genuine issue of material fact.

“2.…