December 1997Issue
#70
December 1997Issue
#70
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Governor and Cabinet Approve Two Important MFC Regulations
by Ted Forsgren
On November 18, Florida’s Governor and Cabinet approved two Marine Fishery Commission proposals that will put an end to the "Finfish Trap Scam" and provide conservation measures to protect amberjack stocks.
Blue Crab Rule
As reported in the June 1997 Seawatch, there has been a huge increase in "blue crab" traps in the offshore waters of the Eastern Panhandle, and the central west coast of Florida. According to a Marine Fishery Commission report, these "crab" traps are being placed "in offshore waters where blue crabs do not occur in abundance, if at all."
The traps are, in fact, being used to trap fish under the guise of blue crab trapping, but in waters where fish traps are prohibited.
The issue first surfaced in May 1997, when the MFC and Florida Marine Patrol personnel checked a number of these traps in the Gulf waters of the Big Bend area between St. Marks and Steinhatchee. Of all the "crab" traps checked, only one had a blue crab in it -- an undersized female crab. All the rest contained an assortment of grouper, grunts, sea bass, and other marine life.
The bogus crab traps were catching fish because entrance funnels had been modified to be vertical instead of horizontal. Entrance funnels on fish traps are vertical because fish swim upright (vertically). Blue crabs crawl (horizontally) on the bottom; thus, crab traps have horizontal entrance funnels.
In addition, 99.9 percent of all crabs harvested in Florida are taken within three miles of the coast. Commercial quantities have never been taken more than 12 miles offshore, which is where the fraudulent traps were discovered and are being used.
The newly approved blue crab rule, which goes into effect January 1, 1998, prohibits "blue crab trapping" in offshore waters (more than 10 miles offshore in the Gulf) and requires all crab traps in state waters to have horizontal entrance funnels of specific sizes and shapes to prevent its use as a fish trap.
Amberjack
The new regulations concerning amberjack are an attempt to recover a fishery stock that is in serious trouble by extending protection in the spawning season. In the early 80s, the amberjack fishery was almost exclusively a recreational fishery. Around the same time, however, the commercial amberjack fishery began expanding until the commercial harvest today is greater than the recreational catch. In addition, much of the commercial take occurs when amberjack are gathered in high numbers for spawning and are much more vulnerable to high-volume commercial harvest. As a result, amberjack abundance has plummeted.
The revised amberjack rule prohibits, in specific areas, all commercial harvest and sale during the primary spawning months of March, April and May. The rule also reduces the daily recreational bag limit from three fish to one. It has been CCA Florida’s position all along that a spawning season closure is the only effective way to control the commercial take and restore depleted stocks.
Federal Controls Still Needed
Although the two new laws are critical elements in an overall plan to control fish traps and restore amberjack, more controls in offshore federal waters will be needed to resolve the fish trap and amberjack problems. Federal fishery managers continue to allow the use of thousands of "licensed fish traps" in Gulf federal waters off Florida. Additionally, the federal fishery council, led by a commercial industry lobbyist/council member, recently gutted the amberjack spawning season closure in federal waters off Florida’s east coast.
Grass Roots Network
Thanks go to CCA members and grassroots activists who contacted the Governor and members of the Cabinet with letters, faxes, and phone calls urging them to approve the two regulations.
Taxpayers Finance Lobbyist’s Trip to Gut Amberjack Protection
by Ted Forsgren
Through the use of a Freedom of Information Act request, CCA Florida has learned that John Sanchez, a commercial fishing industry lobbyist who was appointed to the South Atlantic Fishery Management Council in August, received $2,973.40 from the federal government for a daily salary and travel expenses to attend a council meeting in August.
At that same meeting, Sanchez and a National Marine Fisheries Service official, Andrew Kemmerer, cast the deciding votes to defeat a badly-needed proposal that would have created a three-month spawning season closure to protect overfished amberjack stocks. In other words, not only did the newly-appointed Sanchez successfully gut an effective conservation measure that had been many months in development; as taxpayers, we paid him to do it!
Sanchez is employed as a full-time executive director and lobbyist by the Monroe County Commercial Fishermen, Inc. (MCCF), an association of commercial fishermen and wholesale fish houses in Monroe County. The 400 members of MCCF have considerable financial interests in the commercial take of spiny lobster, king and Spanish mackerel, snapper, grouper and amberjack, all of which are substantially regulated by the South Atlantic Council.
In addition, Monroe County has the largest commercial take of amberjack in Florida, most of which is harvested during the months when fish are tightly gathered for spawning.
When the U.S. Commerce Department/National Marine Fisheries Service (NMFS) appointed Sanchez, CCA Florida blasted the action as "an outrageous financial conflict of interest" and called for the withdrawal of his appointment and reprimanding, or firing of, the NMFS officials who made the irresponsible decision. NMFS responded by refusing to make any changes and stating that they made the decision to balance representation from various interests on the Council. To make room for the paid commercial lobbyist, however, NMFS removed all Florida citizen representation based on conservation or recreational values.
Anglers Honored at First Annual S.T.A.R Tournament Awards Banquet
by Jim Gray
It Was a Dark and Stormy Night . . . but nothing could dampen the spirits of the winners.
Lightning flashed, thunder rumbled, the wind howled and the rain lashed the 360 souls huddled in a tent on the shores of Tampa Bay . . . . but inside, the S.T.A.R.s were shining!!! Why were these determined men, women and children gathered in a tent in the middle of a tropical depression? They were attending the CCA Florida/Mercury Outboards S.T.A.R. Tournament awards banquet at Bahia Beach Resort. The weather was compliments of a three-day storm that produced more than 13 inches of rain.
The first annual S.T.A.R. Tournament Awards Banquet was held in conjunction with the Tampa Chapter’s Annual All Release Photo Tournament. S.T.A.R. Tournament FISHOFF winners, sponsor representatives, media writers and CCA staff came from all over Florida to participate in the festive occasion.
Finalists Were all Winners
All of the finalists who qualified to compete in the FISHOFF (60 adults and 60 youths) received a prize regardless of where they finished. Awards began with the 10th place finishers receiving subscriptions to Fly Fishing in Salt Waters magazine or Flambeau tackle boxes loaded with DOA lures, Saltwater Bass Assassins and Cotee Jigs included.
Ninth Place through Second Place winners received prizes from Waterproof Charts, H2Optix sunglasses, Quantum reels, CCA commemorative graphite rods from Capt. Harry’s Fishing Supply, Penn 5500 reels & matching rods and bait cast nets from West Coast Nets.
The evening culminated with the presentation of the Grand Prize boat/motor/trailer and tuition scholarship awards to the winners of each FISHOFF division. Sponsor representatives assisting CCA Tournament Director, Jim Gray, in presenting the awards were Clint Saunders of MERCURY OUTBOARDS, David Kesar of HEWES BOATS, Tom Taminini of BACK COUNTRY POWER-BOATS, Steve Stanley of OUTBACK STEAK-HOUSE and Bob Delaney of SOUTH SEAS RESORTS.
Winning a beautiful "Fighting Lady Yellow" Hewes Bonefisher with 90 hp Mercury and trailer for the Atlantic Adult Redfish Division was Chris Fisher from Port Orange, with a 51-inch redfish (the only fish entered in the S.T.A.R. that was longer than the 50-inch tournament ruler). Andy Johnstone of St. Petersburg, who won the Gulf Adult Redfish Division received an identical, teal-colored Hewes Bonefisher with a 90 hp Mercury and trailer.
Winning 1998 model Back Country Pro Guide 151s with 50 hp Mercury engines and trailers were Ralph Lucado of Brooksville (Gulf Adult Snook), and Bill Corry of Deerfield Beach (Atlantic Adult Snook). The Adult Trout Division winners received Carolina Skiffs with 25 hp Mercurys and trailers. Justin Spicer from Ormond Beach won the Atlantic division and Jeff Gallo from Pensacola won the Gulf division.
Youth Winners Head for College
When it came time to present the four-year tuition scholarship awards to the youth division winners, the crowd went wild and gave the kids a long standing ovation for their accomplishments. This fine group of youngsters from around the state (click here to see scholarship winners) competed hard all summer to win their respective S.T.A.R. divisions.
The scholarship awards were sponsored by Outback Steakhouse, South Seas Resorts and CCA Florida.
Winning the tuition scholarship for the Atlantic Redfish Division was Eric Shuster from Orlando. Jason Villafane from North Port won the Gulf Redfish tuition scholarship.
The Snook Division tuition scholarships were won by Brian Major of Brooksville, (Gulf division) and Carlos Baz of Tequesta (Atlantic). Trout tuition scholarships were won by Natalie Van Hoose of Cocoa Beach (Atlantic) and Casey Veach of Destin (Gulf).
In the weeks following the awards, sponsors and the CCA Florida office began receiving thank you letters from many of the tournament participants. Letters from the youth participants were especially numerous and appreciated by the sponsors who often don’t have a chance to hear from those that directly benefit from their participation.
We always knew CCA folks were a great group of people and the success of the tournament and the awards banquet has proved it!!!
Great Opportunity for Sponsors
by Jim Gray
When CCA Florida decided to organize the first Florida S.T.A.R. Tournament in 1997, many potential sponsors had initial reservations. A summer-long, statewide, conservation-oriented photo contest was an unproven concept, and CCA Florida’s ability to design, organize and manage an undertaking of this size was untested.
But Mercury Outboards, a strong supporter of CCA Florida and marine conservation for many years, and a company with experience as a sponsor for CCA S.T.A.R. Tournaments in Texas and Louisiana, had no reservations. Mercury made it clear from the beginning that they were ready to back the Florida tournament.
Shortly after Mercury’s commitment, Hewes Boats volunteered to sponsor the grand prizes in the redfish divisions. Soon the four other major sponsors, Back Country Powerboats, Carolina Skiff, Outback Steakhouse and South Seas Resorts came on board and, "a S.T.A.R. was born."
Based on the positive results of this year’s event, most of the major sponsors have already committed to taking part in the 1998 S.T.A.R. Tournament. Discussions are also underway with a number of potential new supporters.
CCA is currently developing the 1998 S.T.A.R. Tournament structure and lining up the prizes. The schedule has been set, however, and the 1998 tournament will run from Memorial Day through Labor Day (106 days). Publicity and advertising will start in the early spring and continue through the fall providing sponsors with long-running exposure through association with the event.
The 1997 S.T.A.R. generated over 60 articles in newspapers and magazines all over Florida which highlighted the tournament’s unique format and conservation-orientation. The goal we’ve set this year is to make the S.T.A.R. even more valuable to sponsors by increasing both publicity and participation.
Nevertheless, for sponsors to receive the maximum benefits they need to sign up early. In that way their support for conservation can be included in early press releases and their company logos can be included on all printed material. CCA members with suggestions about potential sponsors should contact Jim Gray, Tournament Director, at 407-672-2058 (or click here to e-mail him). Let CCA show these companies what our existing sponsors have already discovered -- supporting the S.T.A.R. is a good business decision.
Restoring the Habitat -- One Plant at a Time
by Rick Farren
Thanks in-part to a grant from the Frank E. Duckwall Foundation, CCA Florida Chapters are working to restore vital marine habitat.
Conservation comes in many forms, lobbying elected officials, practicing catch and release, teaching ethics to the young, and for some CCA Florida members -- restoration of the habitat.
In a number of very important projects, CCA members have been volunteering their time and resources to take a hands-on (and sometimes knee-deep) approach to conservation.
In Tampa Bay, through the backing of a pair of grants by the Frank E. Duckwall Foundation, members of the Tampa Chapter in partnership with Tampa BayWatch and the Southwest Florida Water Management District SWIM (Surface Water Improvement Management Act) Program have taken part in a number of seagrass plantings as part of the Cockroach Bay Habitat Restoration and Enhancement Project.
In 1996 the Duckwall Foundation provided $5,200 to underwrite a major seagrass planting. It was a successful planting where hundreds of volunteers planted tens of thousands of individual aquatic plants. In 1997, the Foundation generously provided an additional $9,850 to underwrite two more saltmarsh plantings.
The plantings have been slowly but steadily restoring the marsh habitat around Cockroach Bay, a very important habitat component of Tampa Bay. Over the next several years, 640 acres of surrounding farm land and shell pits will b restored to native wetland habitat communities. When completed, it will be one of the largest restoration projects of its kind in the country and will replace some of the habitat lost in the Tampa Bay area to coastal development.
Through more than a decade of taking part in similar programs the Tampa Chapter has developed a "planting day program" that includes tents, T-shirts, water, lunches, soft drinks, and other necessities for attracting and serving a large crowd of volunteers. They’ve also developed the ability to put out press releases to attract volunteers while at the same time maintain an ever-growing data base of previous volunteers who have signed up for similar programs in the past. Mailings and press releases go out prior to each event and sponsors are sought each time to help with costs.
Additional projects in the Tampa area have included mangrove plantings, and a scallop stocking program where volunteers harvest the live shellfish in one part of the state, then carefully pack them for transport by helicopter for stocking in Tampa Bay.
On the Atlantic coast last summer, near West Palm Beach, members of the Palm Beach Chapter helped to restore the mangrove and other wetland habitat on Munyon Island. To date more than 40,000 mangrove trees have been planted and 20 acres of functioning wetland habitat has been restored. The wetlands are again becoming a valuable part of the Lake Worth Lagoon system, providing vital nursery habitat for juvenile finfish and shellfish.
The projects, and others like them around the state, serve not only to restore the habitat, but also to mobilize community volunteers to play a part in restoring their publicly-owned marine resources. It’s an exercise that works to develop a conservation ethic in the participants, which is reinforced as they are able to watch the development of the wetlands over the years.
As pointed out by one member, "The kids taking part will benefit from a cleaner and healthier environment, although for now they have the opportunity to have fun and at the same time learn about their responsibility as stewards of the planet."
Commercial Industry Lawsuit Delays Implementation of Bycatch Reduction Devices
by Rick Farren
Four shrimp boat operators led by Southeastern Fisheries, Inc., are attempting to invalidate a proposed rule that would have drastically reduced the unnecessary killing and waste from shrimp trawls in Florida’s waters.
Passed by the Marine Fisheries Commission (MFC) in September, and scheduled for final approval by the Governor and Cabinet, a new shrimp rule would have required the installation of a bycatch reduction device (BRD) in all otter trawls operated by food shrimpers in Florida waters. Unfortunately, the regulation, which was developed over a five-year period with substantial input from scientists, commercial fishermen, and the public, has been unnecessarily delayed for at least another year.
"Given the acknowledged fact that worldwide, over 27 million tons of seafood is discarded annually as bycatch, it is shameful that this groundless rule challenge will delay rational and much needed protection for Florida’s marine life for nine to twelve months," said MFC Chairman Robert Marston.
The MFC further estimates that even with reductions from the net ban, between 89 and 116 million pounds of finfish and shellfish including spot, croaker, pinfish, flounder, seatrout, weakfish, crabs, and numerous other species vital to the ecosystem are taken, killed and discarded annually by shrimp trawls in Florida waters. By using one of the two BRDs required by the regulation, shrimpers would have been able to reduce the bycatch by half while having little or no effect on the amount of shrimp they harvest.
The rule-making process actually began in 1992, when the MFC set a goal of reducing the bycatch by 50 percent and requested assistance from the public and the shrimping industry in reaching that goal. The researchers eventually identified two BRDs that achieved the 50 percent criteria, the Florida Fish Eye and the Extended Mesh Funnel.
In fact, since June 1996, because of a federal mandate within the weakfish managment plan, these same devices have been required, and successfully used on shrimp nets working in the state waters of Northeast Florida. The newly proposed rule would simply have extended the use of BRDs to the entire state.
The Florida Fish Eye is almost eloquent in its simplicity -- a small metal frame is sewn into the top of the net that creates a 36-square-inch (approximately six inches by six inches) opening for the fish to swim out while the net is being towed and during "haul back." The entire device costs less than $20.
The Extended Mesh Funnel is a little more complicated, but basically consists of a funnel of small mesh netting within a cylinder of large mesh netting. Shrimp travel within the small mesh funnel while finfish can escape through the larger mesh outer netting.
The same two recommended BRDs have also been tested in the inshore and offshore waters of every state between North Carolina and Texas. Plus, the South Atlantic Fishery Management Council already has these two devices in place for use in federal waters of the South Atlantic, and the Gulf of Mexico Fishery Management Council is going to final public hearing soon on the Florida Fish Eye with a goal of having it in place by January.
"Everyone’s been working on these," said Dr. Russ Nelson, executive director of the Florida Marine Fisheries Commission. "We’ve spent hundreds of thousands of state dollars on research and over two million dollars in federal tax money to come up with a solution to this problem."
Everyone, that is, except for Bob Jones and Southeastern Fisheries. Of the 21 public meetings and workshops held by the MFC since February 1993, to work on developing the proposed rule, Jones attended only the final public hearing last September.
At that meeting Jones’s stated concern was that the commission’s rule didn’t include the Andrews Soft TED (turtle excluder device) which is currently being used in the Gulf of Mexico. Actually, the Andrews Soft TED does do a good job of reducing bycatch; however, as was explained at the final public hearing, it’s been decertified by the National Marine Fisheries Service (NMFS) for use in state or federal waters because it’s been killing too many turtles and is difficult to use and rig properly.
"Even if we put it in the rule, we couldn’t use it as of December 16," explained Nelson.
However, since an altered version of the Andrews Soft TED is currently being tested for certification the commission did the next best thing. A provision was added to the rule during the final hearing that essentially allows any device certified by NMFS in the future to be added to the list of allowable devices in Florida as fast as state law allows, approximately 20 days.
"It was the best option the commissioners could offer the shrimpers," said Nelson. "We put the language there explicitly to try to solve Mr. Jones’ concerns."
A few days later Jones and Southeastern Fisheries responded by filing the lawsuit.
Perhaps even harder to understand is the fact that the Andrews Soft TED loses more shrimp, up to 16 percent, compared to zero to four percent shrimp loss for the certified BRDs. According to one MFC staffer, some shrimpers have already been using a device similar to the Fish Eye because it shoots out cannon ball jellyfish as well as other unwanted bycatch and leaves a higher percentage of shrimp in the haul.
CRC Considers Fish and Wildlife Unification Amendment
The chance for Floridians to vote on a unified fish and wildlife agency has moved one step closer to reality.
In mid-November, the Constitution Revision Commission’s (CRC) executive committee unanimously forwarded the proposed Fish and Wildlife Unification Amendment to the full commission for consideration. A final vote by the full commission could come as early as December. A positive vote at that time would place the Unification Amendment on the 1998 statewide ballot for consideration by the citizens of Florida.
The Executive Committee chairman, Carlos Alfonso, a Tampa architect, and Commissioner Clay Henderson, the CRC sponsor of the amendment, urged their fellow commissioners to place the proposal on the November 1998 ballot. Representatives from CCA Florida, the Florida Wildlife Federation, and the Fish and Wildlife Conservation Committee spoke before the committee and have been working with the Commission throughout the consideration process.
An attorney representing Southeastern Fisheries and the commercial fishing interests spoke against the amendment before the committee vote.
On a parallel track, the citizens petition drive to place the amendment on the 1998 ballot has collected enough signatures to trigger a Florida Supreme Court review of the ballot language. The court heard oral arguments in early November and is expected to issue an advisory opinion by the end of the year.
"Everyone involved in the process up to this point, with the exception of the commercial fishing industry, realizes that the resources and citizens of the state will be best served by a unified, constitutionally-based fish and wildlife commission, said Fish and Wildlife Committee Campaign Director Dave Lear. "And if they give this a chance, I’m sure commercial fishermen will equally benefit from long-term management based on science and conservation, and not political influence."
If approved by the citizens of Florida, the amendment would combine the existing Game and Fresh Water Fish Commission and the Marine Fisheries Commission to form the new Florida Fish and Wildlife Conservation Commission. The new commission would have a constitutional mandate to manage all of the state’s fish and wildlife resources. It’s also anticipated that the Legislature would reorganize the allocation of resources for marine research and law enforcement to the new commission. These elements are currently housed in the Department of Environmental Protection.
In addition to the Florida Wildlife Federation and CCA Florida, the amendment has been endorsed by a long list of organizations and entities including a number of previous members of the Marine Fisheries Commission as well as Florida Sportsman magazine, Florida Audubon Society, Sierra Club-Florida Chapter, Florida League of Anglers, Wilderness Society, and Florida Consumers Action Network, along with more than 200 other conservation, environmental, hunting, fishing and animal welfare organizations.
Many of the state’s leading daily newspapers have also endorsed the proposed amendment, including the Tallahassee Democrat, Fort Lauderdale Sun-Sentinel, Daytona Beach News Journal, St. Petersburg Times, Tampa Tribune, Florida Today, Sarasota Herald Tribune, Ocala Star Banner, Lakeland Ledger and the Gainesville Sun.
For more information on the Fish and Wildlife Unification Amendment contact:
Fish and Wildlife Conservation Committee, PO Box 5848, Tallahassee, FL 32314-5848; Phone: (800) 647-9912.