March 1999 -- Seawatch -- Newsletter of CCA Florida

March 1999 Issue #76

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Snook by Susan H. Young

Although every year since the inception of CCA Florida we've seen great advances in marine conservation issues, some years simply stand out. There was passage of gamefish status and lasting protection for redfish in 1988. The year 1994 saw the overwhelming passage of the Save Our Sealife Amendment which changed forever the way Florida manages its marine wildlife. Now 1998 can join the list of stand-out years for marine conservation. It was a year that saw the culmination of long-sought conservation initiatives, and the establishment of important new measures that will have lasting, positive effects on the future of our marine resources.

Putting Pressure on Poachers
Disturbed by steadily increasing poaching problems since passage of the net ban, in particular of mullet during the 1997/98 roe season, CCA entered the year with a strong conservation mandate and a determination to put an end to widespread, blatant poaching and illegal netting activities both by alerting the public to the problem and through legislation strengthening enforcement of the net ban.

CCA Florida member-volunteers and staff gathered photographic evidence of gill nets on-board boats clearly too small to fish outside state waters. The photos were used to help demonstrate the need to restrict the size of boats that should legally be allowed to have a gill net on-board.

When the legislative session began in March 1998, Senator Jack Latvala (R-Palm Harbor) and Representative Everett Kelly (R-Tavares) initiated legislation to increase penalties and close loopholes in netting regulations. CCA presented its findings, and after two months of work, major anti-poaching and proactive enforcement legislation (SB 1506) was passed on the last day of the 1998 legislative session.

The legislation included a prohibition on the possession of any type of gill net on any airboat, any vessel less than 22 feet in length, and any vessel less than 25 feet in length if the primary power of the vessel is forward of the vessel center point (i.e. mullet gill net boats). The bill also contained a legislative directive to the Marine Fisheries Commission (MFC) instructing them to adopt rules which prohibit the possession and sale of any mullet taken by illegal gill or entangling nets. Illegally caught fish contain telltale collar marks on their bodies. The MFC followed up after the session by adopting new rules to prohibit possession of mullet taken by illegal gill nets. The legislation also set the cost of poaching higher by making the new laws subject to the major net ban fines and penalties passed during the 1997 legislative session.

Legislation was also passed in 1998 that prohibits all future governors of the State of Florida from nominating paid lobbyists with obvious conflicts of interest for appointments to federal fishery management councils.

Introduced by Senator Jack Latvala and State Representative R. Z. "Sandy" Safley, the legislation came in response to the appointment of a paid commercial lobbyist to the South Atlantic Fishery Management Council. CCA Florida called the financial conflict of interest into question and brought it to the legislators' attention. Florida is the first state to pass this type of forward-thinking, conservation legislation.

The Legislature also adopted a moratorium on the issuance of new commercial licenses for stone and blue crabbing, as a preliminary step to examining a limited entry program. The MFC received its requested budget appropriation and there were no changes made to the Saltwater Fishing License monies spending safeguards.

Throughout the legislative session CCA members and grassroots activists contacted their representatives and encouraged them to support the stronger marine resource protections.

By the end of 1998, with the mullet roe season well-underway, it became apparent that the changes in legislation plus a major drop in the value of mullet roe led to a reduction in poaching in many areas of the state including the Panhandle and Southwest Florida. Despite stepped-up enforcement, the number of arrests in 1998 was little more than half the number recorded in 1997. In addition, according to Marine Patrol statements, judges in some coastal counties are beginning to assess steeper fines and confiscate more equipment.

Snook Slaughter
The state’s serious poaching and illegal netting problems were further highlighted in August when poachers, in two separate instances dumped 52 and 45 filleted, undersized snook carcasses on a public road on Pine Island. CCA Florida offered a $1,000 reward for information leading to the arrest of the outlaws and called upon Governor Chiles to crackdown on the poachers.

The state’s outdoor press and editorial writers were alerted to the problem. CCA grassroots activists wrote to newspapers and legislators asking for action. Photos of the dumped snook carcasses were printed in newspapers throughout the state increasing a demand for a stop to the poaching activities.

Governor Chiles consequently directed the DEP/FMP to address the Charlotte Harbor poaching problems and the Florida Marine Patrol (FMP) increased efforts to enforce the net ban around the state. In one example, during September and October, the FMP, using a helicopter and recovery boats, located and seized 71 hidden gill nets in the Gulf to Citrus County area of Florida.

Net Ban Lawsuits
CCA Florida continues to intervene and help state attorneys defend against lawsuits and legal problems arising from local judge/county court actions and prosecutions, and from administrative rule challenges. A series of court victories in 1998 have finally denied attempts by a few local, county courts to avoid prosecuting poachers.

The State of Florida’s First District Court of Appeals reversed and remanded a Dixie County Court decision related to the net transit statute, which requires boats carrying gill nets to "transit directly" through state waters. The county court decision was reversed "because the court failed to evaluate the issues in light of the facts."

The netter had been caught running along the shoreline, out in the middle of nowhere, with a gill net and several hundred pounds of mullet. The case will now be retried based upon the facts surrounding the arrest.

In another case in September, the First District Court of Appeals reversed and remanded decisions made by county court judges in Franklin and Wakulla counties related to the net ban amendment. The county judges, ruling on the first net ban cases to come before them, had tried to declare the net amendment unconstitutional because, in their opinion, there was no clear definition of a gill or entangling net and there was no way for netters to know where the three-mile offshore line was.

Another issue was whether the references to a three mile and one mile line as referred to in the amendment meant statute or nautical miles (3 nautical miles equals 3.45 statute miles). In a series of strong decisions, the district court ruled that all of the challenged provisions were constitutional and instructed the county courts to try all of the cases based upon the facts.

The district court’s decisions mean that the county courts will now have to continue prosecution on each of the backlogged net ban arrests that were not tried because of the county judges’ decisions. In Franklin County there are more than 110 net ban cases pending.

Gill Nets Defined
Also in 1998, the Marine Fisheries Commission adopted rules defining the difference between gill or entanglement nets and seine nets. The rules had to be developed because of attempts by Panhandle netters to claim that "gill-net" wings on a small piece of seine net constituted a legal net.

Not surprisingly, the rules were challenged in court by Wakulla County netters. CCA Florida intervened in the lawsuit and State Hearing Officers eventually upheld the rules which were then subsequently adopted by the Governor and Cabinet. Netters are currently appealing the decision to a higher court.

Constitution Revision Commission (CRC)
CCA’s first priority during the Constitutional Revision Commission’s deliberations in 1997 and 1998 was to protect the Save Our Sealife Amendment from being changed or weakened in any manner. At the request of commercial fishermen, the CRC did address the net ban, but chose to adopt a specific motion to make no changes to Article X, Section 16 (net ban).

In addition, at the urging of a coalition of conservation organizations including CCA Florida the CRC developed and adopted a constitution revision which would unify the state fish and wildlife agencies into a single, more effective and independent Fish & Wildlife Conservation Commission.

CCA Florida then joined with the Nature Conservancy, the Florida Audubon Society, and the Florida Wildlife Federation to form a coalition to raise money and develop a grassroots campaign to support passage of Revision 5. CCA Florida, and its network of volunteers and grassroots activists, played a major role in the conservation coalition campaign that achieved a 72 percent Yes vote for Amendment 5 last November. The amendment creates a new, unified Fish and Wildlife Conservation Commission, a goal long-sought by CCA Florida members.

Shrimp Trawl Waste and By-Kill Reduction
Florida became the first state bordering the Gulf of Mexico to mandate the use of bycatch reduction devices (BRDs) in otter trawls in all state waters. The new regulations will prevent the unnecessary killing and waste of hundreds of millions of juvenile fish every year in the shrimping industry. CCA Florida provided testimony and strong support for the regulations which took five years to develop. The rule was implemented in August 1998. BRDs were made mandatory on shrimp trawls in Atlantic state waters in 1996.

CCA National was actively involved in the successful efforts to get NMFS to approve the Gulf Council’s shrimp trawl BRD rule which impacts all offshore federal waters from the Florida Panhandle to Texas. The federal BRD rule is in effect; however, it’s being challenged in court by the Texas Shrimp Association. CCA National has intervened in the lawsuit.

Prohibit Fish Traps in Gulf Federal Waters
CCA Florida has consistently worked for the eventual elimination of fish traps in Gulf of Mexico waters. The damage traps do to the environment and reef fish species is well-documented. At CCA’s urging, the Gulf Council approved a plan amendment to prohibit fish traps by February 2001 in the area south of Cape Sable.

The Council did not do anything to reduce the 10-year "phaseout" in effect in the remainder of the Gulf’s federal waters off Florida’s west coast. The Council also adopted a measure to prohibit possession of reef fish exhibiting "trap rash" on a vessel that does not have a valid fish trap endorsement. The Council’s measures are pending review and approval by the National Marine Fisheries Service (NMFS).

In response to a major trap "scam" in 1997 in which crab traps were being redesigned to catch fish in waters closed to fish trapping, the MFC in 1998 adopted a rule defining blue crab and stone crab traps.

Snook Management Regulations
Snook, one of Florida’s premier gamefish, was the beneficiary of the first major new protection measure in 15 years. An upper size was established to protect all the large spawning females, and an increase of the minimum size was passed that will substantially increase snook abundance.

CCA Florida members and officers worked throughout the year to develop snook management regulations for the MFC and participated in numerous statewide public hearings. In a related matter, CCA worked to stop an effort by diving organizations to allow spearfishing of snook and other gamefish in Florida.

Youth Programs
CCA Florida’s Cooperative Youth Marine Conservation Programs were expanded on the chapter level with youth fishing tournaments and other activities, and through the widening distribution and use of the CCA Florida Youth Fishing/Conservation Video, "Hook into Something Wild." The educational video is now included in the curriculum of twelve Florida county school boards.

Improving Law Enforcement
In addition to working for increased penalties, CCA’s efforts at improving marine law enforcement have been directed at the Amendment 5 merger issues through building a case for moving the entire Florida Marine Patrol to the new Fish and Wildlife Conservation Commission. CCA also suggested, and the MFC added to their 1999 legislative budget, a request for an appropriation to develop a "Prosecutors Manual for Major Marine Fisheries Violations." The Lee/Charlotte County State Prosecutor’s office has agreed to help lobby for the appropriation.

Amberjack
CCA Florida also worked in 1998 to gain National Marine Fisheries Service approval of the Gulf of Mexico Council’s proposed amberjack regulations. The rules were approved and commercial take of amberjack was closed during the months of March, April and May which are important spawning months.

An attempt to get the South Atlantic Council to change their amberjack regulations was unsuccessful.

Oculina Bank "No Fishing Zone"
The effort to oppose the South Atlantic Council’s "Oculina Bank" no-fishing zone was added to CCA’s conservation initiative in the summer of 1998. Other, proven measures to achieve fisheries protection goals were recommended such as spawning area closures and bag and size limits. The South Atlantic Council deleted the no-fishing zone proposal at their September 1998 meeting.

Dolphin (Fish) Federal Waters Management Plans
With the help of the MFC staff and support from CCA Florida, two dedicated marine-conservationists, including CCA Florida Board Member Tim Nettles, were appointed to the South Atlantic Council’s Dolphin & Wahoo Advisory Panel.

Habitat Restoration
Tampa Bay area chapters continued their annual volunteer work to restore tidal wetlands including Cockroach Bay, Mobbly Bay and Emerson Point in Manatee County. Many acres of seagrass, mangroves and salt marsh habitats have been restored through this cooperative governmental and volunteer program.

Due to strong efforts by the Florida Marine Fisheries Commission, the federal South Atlantic Fishery Management Council voted to prohibit the harvest of sargassum, which is designated as critical habitat in offshore waters.

Florida Governor’s Ocean Committee
CCA representatives continue to attend meetings of the Florida Governor's Ocean Committee and have been successful in getting the committee to recommend that Florida receive increased representation (more seats) on the Gulf and South Atlantic Fishery Management councils.

1999 Legislature
CCA Florida will be advocating, monitoring and working with the 1999 Legislature to accomplish complete transfer of marine resource agencies to the new Florida Fish and Wildlife Conservation Commission (FWCC) along with budget appropriations that will allow for the full implementation of Amendment 5.

CCA representatives will also be watching to see that statutory safeguards insuring proper use of saltwater recreational fishing license monies remain in place. And the effort will continue to seek and support a legislative budget appropriation for the creation of a "State Prosecutors Guide for Major Marine Fisheries Violations."

Net Ban Enforcement
For 1999, CCA Florida will continue to pursue net ban enforcement issues, initially by focusing on the legislative transfers of all Florida Marine Patrol enforcement staff and resources to the new FWCC.

Throughout the year staff will continue the process of providing analysis, reports and statewide press releases concerning major net violation cases and poaching outbreaks.

Net Ban Lawsuits
CCA will continue to intervene and help the State of Florida and the citizens in defense against lawsuits and legal problems arising from local judge/county court actions and prosecutions and from administrative rule challenges. Although appeals courts in many of these cases have found on behalf of the state, commercial netters are appealing the decisions to higher courts, including the Florida Supreme Court.

Snook
Following the change in snook protection regulations that occurred at the end of 1998, CCA will monitor the effects of the size and bag limit changes to insure that sufficient benefits result from the new regulations.

Florida Pompano
CCA Florida is initiating an investigation into possible illegal netting activities regarding the harvest of Florida pompano. State records show that the number of commercially-harvested pompano has risen sharply the last couple of years despite the net ban. Some concern exists that trammel nets are being illegally used to harvest this inshore species.

Spotted Seatrout
CCA Florida will continue to monitor and make recommendations concerning modification to the current spotted seatrout regulations based on stock assessments.

Fish Stocking and Enhancement Program
CCA Florida will continue to participate, along with state biologists and other conservation organizations, in an advisory panel assessment regarding the prioritization of state hatchery and fin fish enhancement programs. The organization also supports a pilot stocking program for Tampa Bay redfish enhancement.

Additional Federal Fisheries Issues
CCA Florida for 1999 will also maintain the goal of restoring Florida’s conservation/recreational seat on the South Atlantic Council and maintain conservation representation on the Gulf of Mexico Fishery Management Council.

Work also continues with the Gulf Council to achieve controls on commercial harvest of gag grouper, and to support proposals to phase out fish traps in the Gulf of Mexico. A three-year plan to phase out traps south of Cape Sable is awaiting National Marine Fisheries Service approval. Conservation efforts will continue to accelerate a prohibition of all fish traps in Gulf waters.

An ongoing effort is also underway to extend the use of bycatch reduction devices (BRDs) in shrimps trawls to the eastern Gulf waters off Florida’s west coast. Currently BRDs are only required in the western Gulf.

There continues a need to oppose large scale and arbitrary "no take, no-fishing" reserves in federal waters. CCA Florida advocates the use of effective, proven fisheries management measures including catch and release fishing, and "time and area" closures to protect spawning aggregations.

Habitat
In addition to support for the ending of harvest of sargasso seaweed, CCA Florida will also continue to work through local chapters to restore seagrass and mangrove habitats in Tampa Bay on the West Coast and Lake Worth on the East Coast. Chapters also provide support and serve as a local entity to obtain state dollars for expanding artificial reefs.

Grassroots Volunteers
In 1999, CCA Florida will continue to maintain and expand its grassroots volunteer network in all advocacy areas. The network operates through e-mail and fax trees in addressing all advocacy areas including legislative and management council issues.

Youth Programs
CCA Florida will continue to expand its youth conservation programs through local chapters. New Tide (youth) members receive special publications, and local tournaments and other fishing events provide opportunities to furnish the conservation message to the next generation of anglers. Distribution of the CCA Florida Youth Fishing/Conservation Video to local schools boards will also continue.

MFC and GFC Appointments
CCA representatives will be working with the Governor’s Office to achieve conservation-oriented appointments (with no financial conflicts of interest) for upcoming slots on the Marine Fisheries Commission and the Game and Fresh Water Fish Commission. The importance of these appointments lies in the fact that these commissions will head the new Fish and Wildlife Conservation Commission when the two agencies merge on July 1 of this year. CCA Florida will also be working with the Senate in support of confirmation for conservation-oriented commissioners.

Get ready! CCA Florida will soon be announcing a major conservation campaign directed towards issues focusing on blue-water/offshore fisheries conservation. The same grassroots strength and commitment that have done so much for Florida’s inshore waters will now be expanding into Florida’s all important offshore species.

Among the major issues that the new campaign will address are a needed prohibition on the use of drift longlines in all federal waters off Florida. The indiscriminate killing-nature of this type of gear has proven to cause adverse impacts on non-targeted species.

CCA will also be working for a prohibition on the harvest of dolphin by drift longlines and the establishment of effective management controls on commercial and recreational take to protect this species. A Dolphin Grassroots Alert network is also being developed that will include individuals, fishing clubs and other interested groups.

CCA Florida has already been active in a number of offshore management issues. For instance, representatives to federal fishery management councils will continue to work for a commercial fishing closure during the amberjack spawning aggregation period. Despite increased regulations, the harvest continues to increase.

Support will also continue for protection of sargassum habitat by encouraging National Marine Fisheries Service approval of the South Atlantic Council’s sargassum protection plan.

In addition, CCA Florida will continue to work in conjunction with CCA National representatives with regards to action on billfish and highly migratory species plan amendments for marlins, swordfish, tunas and sharks. Strong support also continues for the "Give Swordfish a Break" Campaign.