March
1997 Issue
#66
March
1997 Issue
#66
SeaWatch is underwritten by THE ORVIS COMPANY
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Illegal Netting Arrests Soar to Record Numbers:
Court System Remains Ineffective
Tarp "Scam" Net Update -- Permanent Mullet Rule Passes Cabinet
Illegal Netting Arrests Soar to Record Numbers
by Ted Forsgren
In the last issue of SeaWatch we reported on the incredible number of netting violations occurring in Florida waters. Remarkably, since that time the number of arrests has continued to rise as outlaw netters become even more organized and more determined to continue illegally netting tons of fish.
It's hard to imagine another period in Florida history when poaching was so rampant. The same attitude towards the public resources that brought about the need for a net ban has been evident since the beginning of the mullet roe season last fall.
Eighteen months have passed since the implementation of a constitutional amendment limiting marine net fishing which was approved by an overwhelming 72 percent of Florida voters. Florida Marine Patrol (FMP) records show that the number of net-ban related arrests over the last 11 months is FIVE TIMES GREATER than the first seven months.
In many areas of the state, outlaw netting has increased substantially. As an example, in an article from the St. Petersburg Times, Lieutenant Eric Johnston of the FMP s Carrabelle office, which covers Wakulla, Franklin, and Gulf counties, stated that illegal netting activity appears to be growing dramatically in the second year of the net ban. "We have been very busy, about three times more than last year. We've had a lot more violations, a lot more complaints," said Lt. Johnston.
During the 1996 Legislative Session, several net ban enforcement laws were amended to help curb illegal netting. One new law prohibited the simultaneous possession of a gill net, or entanglement net, and commercial quantities of mullet.
FMP reports and statements indicate that poachers responded quickly by modifying their activities to use two boats working together. In a recent newspaper report involving several arrests and the seizure of five boats, 1,700 yards of gill net and 2,200 pounds of mullet, Marine Patrol Officer Terry Noll described the tactic used by outlaw netters. Noll said the violators take several boats out, using the gill nets from some boats and piling the mullet on other boats that have cast nets, which are legal.
After catching the fish, the boats split up. If the boat with the mullet aboard is stopped by the Marine Patrol, the fishermen can say they caught the fish with a cast net. "They're getting slick," Noll said.
However, in the case mentioned, the outlaws were caught by surprise by a helicopter with night vision equipment before they could separate the catch.
In addition to the difficult problem of effectively patrolling thousands of miles of coastline with 300 officers, the FMP is faced with increasingly organized poaching operations using spotters with night vision equipment, cellular phones and gill nets hidden in camouflaged bunkers in swamps and marshes for night time poaching use.
On the other hand, the FMP has also made numerous improvements in their net ban enforcement operations based on last year's experiences. Most of the major net ban violation arrests have been made by FMP Resource Protection Unit operations at night, often times in conjunction with a helicopter or other aircraft outfitted with infrared night vision equipment; and with such effectiveness that one commercial fishing organization has complained about the use of such equipment to catch mullet poachers.
The Wakulla County Commercial Fishermen's Association recently wrote to Governor Chiles stating, "There are some very disturbing events happening in Wakulla County concerning the Florida Marine Patrol. Over the past few weeks, the FMP has sent in helicopters to chase down people trying to catch mullet."
Following that, in an article in the Wakulla News that ran on January 30, an official with the commercial fishing association called for the "citizen's arrest of Marine Patrol officers who are making illegal arrests."
Perhaps not surprisingly, FMP records indicate there were 145 net ban arrests in 1996 in Gulf, Franklin and Wakulla counties alone, more than the amount occurring throughout the entire state during the first six months of implementation. The new enforcement laws and improved FMP enforcement procedures have resulted in more arrest s but not declines in illegal netting activities. One reason for the increased poaching activity is that the new netting restrictions have resulted in significant increases in abundance of many fish. Mullet, the most intensively netted fish before the net ban, has dramatically increased throughout the state. As a result, netting violations increase dramatically during the fall run of spawning mullet when the dockside price of roe (egg-laden) mullet climbs to more than $3 per pound. The financial incentives to illegally net are great as outlaw netters can make many thousands of dollars in a single night.
Spanish mackerel on Florida's east coast have also been targeted by net ban violators. An Associated Press report outlined multiple arrests near the St. Lucie County line where large numbers of mackerel were concentrated. The report stated that Marine Patrol officers at the scene described the netting activity as "a veritable fishing free-for-all, with too few officers trying to catch the many illegal fishermen." In one arrest, officers confiscated approximately 11,000 pounds of mackerel, the largest net ban violation ever.
Court System Remains Ineffective
Although arrests are dramatically increasing, fishermen continue to flout the net ban because, in most areas of the state, the court system has been lax on punishing violators. Marine Patrol Captain Ross Iseminger stated "They figure, 'We got to take the chance because this is the big bucks for us.' It's a gamble for them, but it's better than a 50-50 chance they're going to make their money."
In a February 1996 Special Report: Illegal Gill Netting in Florida Waters, CCA Florida had warned that:
The combined impacts of enforcement difficulties, the huge financial incentives, and minor fines and penalties create a situation where there is no significant deterrent to illegal netting. To outlaw netters, the arrests and minor fines are simply 'an added, minor cost of doing business.' In fact, the current situation encourages more illegal netting, not less. Unless actions are taken now the situation will get worse.
The huge increase in the number of netting violation arrests is a clear indication that the situation has gotten worse. The Florida Legislature is now faced with the task of addressing the outlaw netting and enforcement issues once again. A citizen-initiated law, which was overwhelmingly approved by 72 percent of Florida's voters, cannot continue to be so blatantly violated.
Tarp "Scam" Net Update -- Permanent Mullet Rule Passes Cabinet
by Rick Farren
On January 28, with little fanfare, the Florida Governor and Cabinet approved a permanent rule prohibiting the use of any material exceeding 500 square feet to harvest mullet, effectively eliminating the use of tarp nets on mullet. The rule had been proposed by the Marine Fisheries Commission (MFC) in August, but was blocked from consideration by the Governor and Cabinet when the commercial industry filed a legal challenge.
The MFC, concerned about the impact of large tarp nets on still recovering mullet stocks, reacted to the challenge by passing a nearly-identical 90-day Emergency Mullet Rule to at least protect the mullet fishery from tarp nets during the impending roe season. The Emergency Rule was approved by the Governor and Cabinet on November 7.
Within a few weeks of that decision, the commercial industry dropped its legal challenge against the permanent mullet-protection rule. That action allowed the MFC to bring the permanent rule to the Governor and Cabinet for final approval.
In early December, the commissioners, by unanimous vote, moved to prohibit the tarp nets in all fisheries in Florida nearshore and inshore waters. The action was praised by conservation groups and CCA Florida, which had presented the MFC with a Special Report titled: Comments and Recommendations Supporting MFC Statewide Gear Rule Which Prohibits The Tarp "Scam" Nets. As expected, within a few days the commercial industry filed a legal challenge to block the rule. The result of the legal challenge may not be known for many months. The Florida Legislature will also be considering a bill to eliminate the use of tarp nets in Florida waters.