The official publication of the Florida Conservation Association

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SEAWATCH - DECEMBER 1996

Contents:
1. FLORIDA REDFISH SEND KIDS TO COLLEGE
2. NET BAN VIOLATIONS SOAR
3. TARP "SCAM" NETS ENCOUNTERING ROUGH WATERS
4. MAJOR LAWSUIT GOES TO THE SUPREME COURT
5. LOOK FOR FCA AT: WWW.ANGLERSWORLD.COM
6. 1996 YEAR END REVIEW
7. PRUDHOMME UNDER SCRUTINY
8. TALLAHASSEE 2-FLY

FLORIDA REDFISH SEND KIDS TO COLLEGE
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This summer inshore saltwater anglers of all ages will have a chance to win big prizes in FCA's First Annual STAR Photo Tournament. Destined to be Florida's biggest and most exciting inshore saltwater event, the Snook, Trout, And Redfish (STAR) tournament will be open to coastal anglers from Jacksonville to Pensacola.

The photo tournament has been introduced by FCA to help spread the word of conservation throughout the adult and youth angling community. At the same time it will provide an opportunity to develop a stronger organization on both a state and local level.

The tournament is divided into Atlantic and Gulf Coast Divisions with categories for snook, trout and redfish. One adult winner in each category will receive a boat, motor and trailer, while one youth winner in each category will receive a prepaid tuition scholarship to a Florida college.

That's six big winners on each coast plus a number of secondary prizes! An official STAR tournament ruler will be issued to each participant along with rules and photo labels. Entry photos will be taken of the fish alongside the ruler to determine their length and allow for their live release. The top 10 finalists in each category will then take part in an exciting one-day fishoff for the top prizes.

Participants must be a member of FCA. New members will be able to join at the time they enter the tournament. Entry forms will be available in publications and at tackle stores and marinas.

The low $10 entry fee along with the membership requirement will enable local chapters to build their organizations during special events held while the tournament is underway.

This year's STAR tournament is scheduled to kick-off on July 1 and run until September 1. Subsequent year's tournaments are planned to run from Memorial Day to Labor Day. Watch for more details and entry blanks in upcoming issues of Seawatch.

NET BAN VIOLATIONS SOAR
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For the second year in a row large numbers of illegal netters have invaded Florida waters determined to evade both the Florida Constitution and law enforcement officers. Driven by rising prices for mullet roe, violations are being reported at astounding rates in some parts of the state.

In February, 1996, FCA issued a special report, Illegal Gill Netting in Florida Waters, which documented a major statewide increase in gill netting that coincided with last season's spawning mullet run.

As noted in that report, a total of 135 cita-tions statewide had been issued for netting violations as of January 1996, the majority of which took place during the fall mullet roe season.

Incredibly, that number has more than tripled this year with 505 net ban related violations reported statewide.

According to Lieutenant Johnston, of the Carrabelle office of the Florida Marine Patrol, there have been 207 net ban related cases in Gulf, Franklin, and Wakulla counties alone. Twenty-five of those cases took place during the months of January, February and March. Most of the remaining violations have occur-red since September. Remarkably, 43 violations occurred just in the month of November.

Lieutenant Johnston stated that the arrests are taking place in large part because the district has had officers on the water ever night for the past two and a half months. They've also made use of a helicopter equip-ped with FLIR (Forward Looking Infrared Radar) to nab poachers. (Interestingly, the Mar-ine Patrol was criticized for using equipment that was somehow unfair to the poachers).

Another part of the state suffering a rash of poaching are the waters off Lee and Charlotte counties, which is one of the areas hardest hit last year. Officers working out of the Ft. Myers Marine Patrol office report that a number of the netters arrested so far this year are repeat offenders from last year, including at least one netter that was arrested for the third time. One group of netters the Marine Patrol made a case against were using lookouts and cellular phones to alert the illegal fishermen of the Marine Patrol's whereabouts.

Many of the reported arrests in southwest Florida, which have included confiscation of up to half a ton of mullet, have come as a result of special operations that target spawning mullet runs. In fact, officers in both districts have already put in over 2,000 hours of overtime targeting the runs. In addition, the Marine Patrol has also been able to move some additional officers into high crime areas to increase their presence on the water.

Among the reasons for widespread poaching is the ability of netters to carry gill nets for use offshore and a legal cast net for use inshore. When found with harvested mullet they can simply claim the fish were caught with the castnet. Plus, when netters are actually caught the chances are good they'll encounter one of a number of local judges who are treating net violations as less than serious crimes, often withholding adjudication and assessing only minimum fines. The result is that breaking the law simply becomes a cost of doing business.

Stronger penalties should help
Fortunately, hope comes with the new year because of Net Ban Enforcement Legislation that was passed during the waning hours of the 1996 legislature. The legislation had been sought by FCA, the Department of Environmental Protection (DEP), and the Florida Marine Patrol to help curb illegal gill netting abuses. Considering the current situation the effort was visionary.

Effective Jan. 1, 1997, it becomes a major violation "for any person, firm or corporation to be simultaneously in possession of any species of mullet in excess of the recreational daily bag limit and any gill or other entangling net as defined in subsection (c) of Art. X, s. 16 of the Florida Constitution. Simultaneous possession under this provision shall include possession of mullet and gill or other entangling nets on separate vessels or vehicles where such vessels or vehicles are operated in coordination with one another including vessels towed behind a main vessel."

The legislation also directly addresses the problem of courts withholding adjudication by including language which states that fines, penalties, and suspensions will apply to all net ban violations even if adjudication is withheld. Only if the court ruling results in a dismissal or acquittal would they not apply. In addition, a $2,500 civil fine and a 90-day license suspension can now be assessed by the Department of Environmental Protection for the first violation.

Watch for an updated FCA Special Report on statewide net ban violations in the near future.

TARP "SCAM" NETS ENCOUNTERING ROUGH WATERS
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Critical first steps have been taken towards the elimination of huge plastic tarp nets in Florida waters, but the threat still remains.

Permanent Mullet Protection Rule
In August, the Maine Fisheries Commission, concerned about the possible impact of large-scale tarp nets on still-recovering mullet stocks passed a permanent rule that would have prohibited the use of nets and any material in excess of 500 square feet for the harvest of mullet.

Before the rule could go before the Governor and Cabinet for approval the netting interests filed a legal challenge to stop its implementation. Consequently, consideration of the rule was postponed pending the outcome of the lawsuit.

This was the fourth major lawsuit filed by the commercial netting industry on mullet protection rules in the last six years.

Emergency Mullet Protection Rule
Two months later, in early October, the MFC passed an Emergency mullet rule that essentially provided the same protections to mullet as the permanent rule, but only for 90 days. Long nough, however, to protect spawning mullet during the current roe season.

FCA's Grassroots Network contacted the Governor and members of the Cabinet with their concern over the importance of approving the rule. Conservationists were also supported by a large number of statewide newspaper editorials which denounced the tarp nets as another scam perpetrated by the netting industry to circumvent the constitutional netting restrictions and the will of Florida voters.

On November 7, the Governor and Cabinet approved the emergency rule following supporting presentations by FCA Executive Director Ted Forsgren, Florida State Senator Charlie Crist, Florida Wildlife Federation President Manley Fuller, Mark McIntosh representing the Sierra Club Legal Defense Fund and other conservation interests.

Within a few weeks of the decision the netting industry dropped its challenge to the originally proposed permanent mullet protection rule. Ultimately, the only purpose the lawsuit served was to force the MFC and the Governor and Cabinet to spend time and resources passing an emergency rule.

New MFC Tarp Net Rule
With at least a temporary mullet protection rule in place the MFC was able to address the bigger question of tarp net use for all species in Florida state waters. In early December, the commissioners, by unanimous vote, moved decisively to prohibit the tarp nets in all fisheries in Florida nearshore and inshore waters. The action was praised by FCA and other conservation groups.

At the final public hearing FCA presented an in-depth report detailing the biological and public interest reasons to support the MFC gear rule prohibiting the use of tarp "scam" nets. The report stated in part:

The 72 percent voter approval of the Save Our Sealife constitutional amendment has been called the most significant citizen mandate for marine conservation in Florida's history. It is a mandate which has been clear to everyone except the large scale commercial netters and pro-cessors who continue to develop ways to evade and circumvent the will of the voters. These latest attempts with large to huge plastic tarpaulin attachments for beach seines, haul seines and purse seines, and monofilament gill net "seines" are not innovation, they are simply more attempts to circumvent the netting restrictions. If these "scam" nets are not stopped now, the industry will continue to modify, perfect and greatly expand their use to the point where large scale commercial overharvest and by-kill waste will return to Florida's inshore and nearshore waters.

The report also presented information on the previous collapse of forage fish populations such as Spanish sardines and menhaden in Tampa Bay due to the use of large-scale purse seines. Forage fish species play an important roll in the health of other economically viable species such as snook, redfish and speckled trout, and are also an important part of the food web for other species such as brown pelicans, ospreys, and herons.

Currently, the same kind of purse seine boats, spotter planes, and fish houses that precipitated the Tampa Bay collapse are now using tarp seines in the Panhandle. During the three years prior to the fishery collapse in Tampa Bay, the average harvest o sardines and menhaden taken per trip was 11,000 pounds. One Panhandle tarp purse seine has already been documented taking 18,000 pounds of fish in a single set of the net.

Tampa Bay was eventually protected by prohibiting purse seining in all of the bay and adjacent coastal waters out to three miles. The concept was expanded statewide with the constitutional amendment which limits seines used within three miles of the Gulf Coast to 500 square feet.

In addition to baitfish tarp seines, other commercial netting interests are developing beach and haul seine nets with hundreds of yards of plastic tarp, parachute cloth, or other such materials attached to 500 square feet of legal seine mesh. The use of these devices will undermine the benefits being achieved by the 500-square-foot net size limit in the Save Our Sealife constitutional amendment.

The report also addressed the problems of waste and by-kill presented by tarp nets, debunked point-by-point the claims made by the commercial industry, and contained excerpts from major newspapers supporting the gear rule. To date, 13 editorials have been published by major state newspapers blasting the netting industry's tarp nets and other evasive tactics. A small excerpt from the Miami Herald represents a common theme in the editorials;

Ingenious commercial fishermen continue to explore ways to evade Florida voters' will... The voters of Florida have spoken, they have a right to expect that the amendment will be carried out.

Nevertheless, the tarp net "scam" battle is still a long way from being over. The MFC's rule must still receive final approval by the Governor and Cabinet before it becomes law. It is also likely that large-scale commercial interests will file legal actions to delay and block approval of the proposed law.

Legislation Impatient over continuing efforts to circumvent the constitutional netting restrictions, Florida Senators Jack Latvala and Charlie Crist, and Representative R.Z. "Sandy" Safley are sponsoring bills for the upcoming 1997 Florida Legislative Session that will both eliminate the use of any type of material in excess of 500-square-feet from being used to catch fish in Florida waters, and require "innovative" new gear to be approved in advance.

Editor's note: The next issue of Seawatch will have more information on this and other upcoming marine-conservation legislation along with contact information for Florida's legislators. For a copy of the FCA paper "Comments and Recommendations Supporting MFC Statewide Gear Rule Which Prohibits The Tarp "Scam" Nets," contact Kelly Olson at (904) 224-3474.

MAJOR LAWSUIT GOES TO THE SUPREME COURT
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Oral arguments concerning the major lawsuit filed by the commercial industry against the Save our Sealife Amendment were heard by the Florida Supreme Court in Tallahassee on December 5. The State of Florida was represented by John Glogau of the State Attorney Generals Office, Department of Environmental Protection attorney M.B. Adelson, and FCA attorney Terry McCollough.

The commercial industry argument was the same as was used, and found to be without merit in a strongly worded finding last year by Judge Philip Padovano in the Second Judicial Circuit Court in Tallahassee. In part, the industry holds that the amendment discriminates against a class of people, that it interferes with the right to work, and that it passed without due process.

Each of the industry claims were refuted during oral arguments and in lengthy briefs filed by attorneys defending the amendment. A final ruling on the lawsuit is not expected until February or March of 1997.

LOOK FOR FCA AT: WWW.ANGLERSWORLD.COM
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You can now find FCA information on the World Wide Web on a site hosted by AnglersWorld, a Florida-based information resource for the angling enthusiast. The Florida section of the web site contains FCA membership information, the latest press releases, Seawatch articles and updates on important issues affecting Florida's marine resources.

The site also hosts FCA's Fishing Guides Directory making it available to anyone in the world interested in hiring a conservation-minded Florida fishing guide.

The goal of AnglersWorld is to provide the most complete and detailed information about a given area of the country for all types of angling enthusiasts and sport fishermen. The site will eventually provide fishing information, products and services for the angler interested in planning an exciting fishing adventure within any part of the US.

Currently the new site has focused on three Florida regions Tampa Bay, the Space Coast and the Treasure Coast, and will soon be adding the Big Bend. Localized information will include area knowledge, tips, and maps; local tackle shops and marinas; local guides and charter services; boat ramps; local clubs and special interest groups; a tournament calendar; local weather information; and up-to-date fishing reports, both written and audio.

The site will eventually sell fishing and other outdoor related products and provide an opportunity to make reservations with fishing guides directly on-line.

1996 YEAR END REVIEW
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by Rick Farren

Editor's note: Sometimes we get so busy working on the issue of the moment that we forget all the success we have attained as a conservation organization. Following is just a brief review of accomplishments achieved by the members of FCA during 1996. It was a year to be proud of, and one that reinforces FCA's position as the most effective marine conservation organization in Florida.

Following a year that saw implementation of the Save our Sealife Amendment and a strong victory against the introduction of large finfish trawls, FCA members were ready for the many challenges 1996 would bring. In vital situations throughout the year, FCA's grassroots volunteer network delivered the conservation message where it was needed, helping to make possible every single victory noted below.

Illegal Gill Netting
- The year began with a call for better law enforcement by FCA in response to a dramatic increase in net ban violations during mullet spawning season. An FCA special report, Illegal Gill Netting in Florida Waters, detailed the outbreak of illegal gill netting activities taking place statewide. The effort would later result in legislation to curtail the poaching problem.

Legislature
- FCA's stand against poaching violations led to the passage of legislation to increase enforcement and penalties of the constitutional netting restrictions. The net ban enforcement amendments were supported by FCA through a two-month effort that concluded with their passage in May during the final hours of the session. The stronger penalties take effect on January 1, 1997.

- Early in the legislative session, FCA turned back an attempt to eliminate the spending safeguards on saltwater license revenues which ensures that certain percentages of the collected money are applied to specific areas such as law enforcement, research, and habitat enhancement.

Lawsuits
- Numerous lawsuits challenging various aspects of the constitutional netting restrictions continued throughout the year. FCA attorneys intervened in every suit brought against the S.O.S. Amendment.

- In January, the Supreme Court ruled that a shrimp net designed by a North Florida net-maker fell within the letter of the amendment when it upheld an interpretation by a local judge on how to measure shrimp trawls. The ruling reduced shrimp trawl nets used by small inshore shrimpers by about 12 percent. It had no effect on the amendment's provisions which moved large shrimp trawls and purse seines offshore.

- The major challenge against the constitutionality of the amendment was heard on April 9 by Judge Philip Padovano in the Second Judicial Court in Tallahassee. On May 28, in a strongly-worded 15-page ruling Judge Padovano found in favor of the Save Our Sealife Amendment and ruled against every single legal issue brought by the commercial lawsuit. The commercial industry appealed the ruling to the Florida Supreme Court.

- On December 5, oral arguments were heard by the Florida Supreme Court concerning the major challenge being brought by the commercial fishing industry against the Save Our Sealife Amendment. The ruling isn't expected until spring of 1997.

- A lawsuit brought by Gulf County that attempted to exploit the "governmental purposes" exemption in the S.O.S. Amendment was dropped after courts ruled against an injunction based on the suit.

Fisheries
- In April, FCA supported an MFC action to severely lessen the introduction of small surface trawls for the limited harvest of baitfish and jellyfish. Trawls were limited to the 500-square-foot provision found in the Save Our Sealife Amendment and their use was restricted to a portion of the Florida panhandle.

- FCA strongly opposed a rule that would have eliminated the 500-pound trip limit for the harvest of Spanish sardines in west central Florida. The provision had been in place since the collapse of sardine populations in Tampa Bay. The MFC withdrew the rule.

- An important precedent in reducing waste and by-kill was set on May 14, when the Governor and Cabinet approved an MFC proposed rule that requires the use of bycatch reduction devices on all shrimp trawls in the northeast region of Florida.

- In June, with strong urging from FCA and state legislators, the MFC adopted emergency regulations to curtail mullet poaching by closing loopholes in the laws concerning possession of mullet and a gill net at the same time.

- In July, following strong involvement by the grassroots network, the National Marine Fisheries Service ruled for the third time in 18 months against an attempt by commercial interests to lower the size limit of commercially caught red grouper from 20 to 18 inches.

- In August, with the support of FCA, the MFC passed a permanent rule prohibiting the use of large tarp nets for harvesting mullet. Representatives of the commercial fishing industry filed a lawsuit against the rule, postponing its implementation.

- In October, the MFC proposed an emergency rule to protect spawning mullet stocks from the plastic tarp gear. On November 7 at the urging of FCA and other conservationists, the Governor and Cabinet approved the 90-day rule.

- In December, the MFC acted decisively and passed a permanent gear rule that would eliminate the use of huge plastic tarp nets or plastic attachments in Florida waters. The rule is scheduled to go before the Governor and Cabinet for approval in early 1997.

PRUDHOMME UNDER SCRUTINY
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It seems that Chef Paul E. Prudhomme (of blackened redfish fame) is taking a questionable approach to attacking conservation legislation in Louisiana. In 1995 the Gulf Coast Conservation Association of Louisiana supported the successful passage of the Louisiana Marine Resour-ces Conservation Act, which limited nets and introduced conservation limitations on commercial harvest.

Unhappy with the legislation, Prudhom-me is creating an organization dedicated to "get Louisiana seafood back on our menus." The stated plan is for chefs/restaurateurs to assist in fund-raising activities which would be added to monies from commercial fishermen to hire a lobbyist. The Louisiana Chefs for Louisiana Seafood are proposing to raise money by increasing the cost of all seafood dishes sold for one month by $1.

A statement from GCCA of Louisiana reads in part:

It would be very disappointing if a small group of special interests banded together to secretly force consumers to pay for their lobbying campaign against one of the most important conservation laws ever passed by the Louisiana Legislature . . . We don't think this alleged price-fixing at restaurants is the way to go about achieving one's objectives. Our state's restaurants certainly don't need a black eye like this.

In response to Prudhomme's plans, Louisiana State Representative Warren J. Triche, Jr, has requested that the Anti-trust Division of the U.S. Department of Justice and the Louisiana Attorney Generals Office review the matter to determine if there has been a violation of the law. In correspondence requesting the investigation, Triche states concern for a "price-fixing scheme whereby restaurant consumers would fund, perhaps without their know-ledge and consent, a political group whose purpose is to influence legislation before the Louisiana Legislature."

TALLAHASSEE 2-FLY
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The Big Bend Chapter is holding its annual 2-fly flyfishing tournament on Saturday, May 3. Participants of this photo tournament must choose two flies for use the entire day. For more information on regulations and events surrounding the tournament contact Dave Lear, Big Bend Chapter President at (904) 216-1951.