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Table
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CCA Florida Dealt with a Wide Range of Issues in 2006
by Rick Farren
Following is a brief review of some of the many marine conservation issues handled by CCA Florida during the past year.
Defending the Net Ban
— Florida Legislature
A bill was introduced early in the 2006 legislative session, (SJR 1918) to correct 297 grammatical and technical errors in the Constitution, and to serve as a vehicle for removing constitutional provisions and turning them into statutes. It was based in part on a report released by the staff of the Florida Senate Judicial Committee which identified subjects in the state Constitution, including the net ban, that could be considered “statutory matter” and could be adopted as statutes instead of remaining in the Constitution.
During a hearing before the Judicial Committee, a motion was made to add the net ban to the legislation. CCA Florida testified on the importance of the net ban and pointed out it was a true “citizen initiative” in which volunteers collected every one of the 550,000 petitions required to put it on the ballot in 1994.
The attempt to include the net ban was subsequently defeated by a very close voice vote of the committee. Although SJR 1918 stayed alive until the final day of the session, it too failed to pass.
CCA Florida also stopped legislation that attempted to abolish the Florida Fish and Wildlife Conservation Commission (FWC) as part of the creation of a Department of Interior (DOI). The result would have ended the FWC’s constitutional authority and ham-pered its ability to pass rules enforcing the net ban.
CCA Florida also supported, and saw passed, an increase in funding for artificial reef construction from $600,000 in previous years to $950,000, and an allotment of $2 million toward the development of a new saltwater fish hatchery.
Defending the Net Ban
— Florida Courts
In February, a Leon County Circuit Court judge ruled against another attempt by commercial netters to weaken the net ban by challenging the FWC rule that a seine net must have a mesh size of two-inches or less. The lawsuit is part of an ongoing effort by netters to use “seine” nets with any size mesh they choose, which would essentially be a gill net. Commercial interests have appealed the ruling, and CCA Florida has again intervened to defend the FWC’s netting rule.
Defending the Net Ban
— Rule Making
In September, FWC Commissioners heard a challenge to their Due Process Procedures that sought to make it harder to adopt regulations to protect fish and wildlife. Following several hours of speakers and discussion, the commissioners chose to keep the current procedures. The decision was supported by CCA Florida, the Florida Guides Association, and others.
The FWC also addressed an illegal netting loophole that led to the dismissal of four major netting cases. The loophole, which was adopted years before the net ban went into effect, allows individuals to recover abandoned monofilament line and monofilament netting. An attorney had argued successfully that violators were not illegally netting but were instead recovering abandoned nets. The Commission voted to change the older rule to eliminate the loophole.
Redfish Management Changes
In 2006, CCA Florida became actively involved in new redfish management regulations being considered by the FWC. Although redfish stocks are currently healthy, a stock assessment has found that increasing fishing pressure has caused a steady decline in the number of fish escaping to offshore spawning stocks. CCA Florida is calling for increased protection for redfish to ensure continuation of a healthy stock.
Snook Management Changes
Staff and CCA volunteers worked with the FWC and stakeholder panels throughout 2006 to develop snook management changes in light of a stock assessment which indicated that management goals for the species were not being reached on either coast.
Initial protection for snook was achieved when the FWC agreed to a CCA proposal and changed the minimum size limit for snook from 26 to 27 inches while retaining the 34-inch maximum size limit. Original FWC intent was to increase both the upper and lower size limits to compensate for a new rule about how snook are measured. CCA argued that increasing only the lower size limit would help the species move toward management goals while also protecting larger fish.
Red Snapper Conservation
CCA continued its effort to get the National Marine Fisheries Service (NMFS) to address shrimp trawl by-catch as the primary cause of decline of red snapper in the Gulf of Mexico. Frustration culminated in late 2006 at a meeting of the Gulf of Mexico Fishery Management Council when the Council elected to delay any action plan for the recovery of red snapper until 2007. NMFS’ refusal to support measures to reduce shrimp trawl by-catch as a part of a proposed red snapper recovery plan left the Gulf Council with no choice but to postpone any action.
Striped Bass Remains Closed in Federal Waters
Following an overwhelming outpouring from concerned conservationists, the National Oceanic and Atmospheric Administration (NOAA) announced that it would maintain the 1990 federal closure of offshore marine waters to striped bass fishing. CCA has fought to keep the closure intact and applauded NOAA’s decision to give the stock its best chance to expand its historic age and geographic distribution.
State Authority Over Fisheries in Federal Waters
Efforts continued in 2006 to support a greater role for the FWC in the management of federal fisheries that are largely located off of Florida. The FWC supports changes to the federal Magnuson Act to achieve that end and has met with several Florida congressional representatives to discuss this issue.
Saltwater Fishing Access — Marine No-Take, No Fishing Reserves
CCA Florida opposed the Dry Tortugas National Park Management Plan that would close half of the park’s waters to all forms of recreational fishing, including catch and release. The FWC approved the plan, which was then passed by the Florida Cabinet on a 3 to 1 vote with Attorney General Charlie Crist opposing the plan. Although no action was taken in 2006, CCA Florida continued to track development of no-fishing and no-motor zones in the Biscayne National Park (BNP) Management Plan.
Saltwater Fishing Access
— Manatee Reclassification
In June, the FWC voted to reclassify manatees as threatened instead of endangered. The vote followed the recommendation of a biological review panel, which recognized the success of the state’s management and the significant increase in manatee populations over the last 25 years. In 2001, CCA Florida filed a petition with the FWC to reevaluate the biological status of manatees to get the truth on the table. The action was taken because so many large boating restriction zones were being proposed in premier saltwater, recreational fishing areas without scientific basis. At the time, Florida already had more than a quarter-of-a-million acres of submerged lands in manatee zones.
Current and Future Needs of Florida’s Saltwater Recreational Fishery
CCA Florida, as part of a stakeholder’s panel, helped create recommendations for the “Future of Florida Fisheries.” Recommendations included enhancement of resources for maintaining Florida’s multi-billion dollar saltwater recreational fishery, consideration of allocation of state resources between commercial and recreational fisheries, and state management of federal fisheries off of Florida. To date, very few of the recommendations have been implemented, although four FWC staff positions have been reallocated to provide additional staff for development of saltwater fisheries management plans and regulations, and for compiling fisheries stock assessments.
Habitat Restoration
In 2006, CCA Florida secured two grants of $10,000 each for a major restoration project in Boca Ciega Bay, a part of the Tampa Bay ecosystem. Funds provided by the Frank E. Duckwall Foundation and the FishAmerica Foundation, will be used under the direction of Tampa Bay Watch, to construct a number of oyster bars that will stop erosion of an important mangrove island, provide habitat support for fish and wildlife, and contribute to improved water quality. CCA volunteers, high school students and other citizens will take part in the project in the spring of 2007.
“Best of the Year Award”
CCA Florida was honored with the prestigious “Best of the Year Award” from Motor Boating magazine for the organization’s successful effort to stop an unnecessary two-month ban on recreational grouper fishing in the Gulf of Mexico in 2005. In recognizing CCA Florida as a “Fisheries Watchdog,” Motor Boating magazine stated: “Last year, Florida anglers faced a ban on catching grouper, a very popular species in this part of the country, until the Coastal Conservation Association Florida came to their aid. Executive Director Ted Forsgren attended dozens of public hearings and federal council meetings arguing for less drastic measures, prior to filing a lawsuit in federal district court. The ban was overturned before it went into effect, and the ruling prevented a major economic shortfall for Florida’s sportfishing industry.”
First Annual Convention
CCA Florida held its First Annual Summer Convention in 2006 which brought members and their families together for three days of fun, outdoor activities and conservation seminars. Participants took part in a fishing tournament, fishing seminars, fishing games, theme dinners, and attended a series of talks about past and future goals of CCA.
Permit Withdrawn for LNG Terminal off Alabama
A victory for conservation in the Gulf was achieved in 2006 with the withdrawal of a permit application by ConocoPhillips to operate an open-loop liquefied natural gas (LNG) terminal off the Alabama coast, 11 miles south of Dauphin Island. The proposed system had the potential to kill billions of fish eggs, larvae and plankton annually. CCA has worked to prevent use of the technology in the Gulf. CCA Florida is also involved in early discussion regarding a similar, but far less damaging terminal off South Florida.
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Snook and Redfish Management Still on the Table
by Rick Farren
CCA Florida is working with the Fish and Wildlife Conservation Commission (FWC), stakeholder groups, local chapters and fishing clubs to develop management options for two of Florida anglers’ favorite inshore gamefish—snook and redfish. Although both species have long benefited from no-sale status, strong harvest restrictions, and catch and release, an increasing number of marine recreational fishermen in Florida (6.5 million counting both instate and out-of-state anglers) are beginning to pressure both stocks.
The members of CCA Florida have long supported the 40 percent spawning potential ratio (SPR) goal currently set by the FWC for snook. (SPR is the portion of the stock that has reached spawning age). However, the most recent snook stock assessment found that SPR values on both coasts are significantly below that goal. Atlantic Coast values range from 25 percent to 26 percent and Gulf Coast values range from 26 percent to 32 percent. In addition, those figures are based on information gathered only through 2004 and do not include 2005, a year during which the west coast of Florida suffered its worst red tide in 30 years.
“We have to decide what combination of closed seasons and size limits are needed to reach the 40 percent goal while remaining aware of the huge popularity of the species among anglers,” said Ted Forsgren, CCA Florida Executive Director. “We also feel that because of snook’s high value to the state’s recreational catch-and-release anglers and the huge fishing guide industry, it should also be managed for maximum abundance and larger fish rather than simply for maximum yield.”
While waiting for the regulation process to unfold over the next few months, CCA Florida has already managed to push through some initial relief for the species and greater protection for larger fish. When the FWC decided last summer to adjust the species’ 26- to 34-inch slot limit to account for a change in the way some fish are measured, CCA came up with a different plan. (The state’s new measuring rule, called the pinched-tail method, tended to increase the legal length of a landed fish by about one inch.)
“We were able to convince the FWC commissioners of the importance of only shifting the lower end of the slot limit, (from 26 to 27 inches) thus providing greater protection for snook that fell near the upper end of the slot limit,” said Curtis Bostick, CCA Florida Past Chairman and member of the snook stakeholders group, “because it will be well into 2007 before additional measures are identified and implemented.”
The change is expected to result in a 5 percent increase in SPR on the east coast raising SPR values on that coast to 30 to 31 percent, and a 7 percent increase on the west coast raising SPR values there to between 33 and 39 percent.
“We have a ways to go,” said Bostick, “but the slight reduction in the slot limit has given us a little breathing room for now. In the meantime we’ll continue to work with stakeholders and the FWC to do what it takes to fully protect our snook populations.”
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Redfish: CCA Florida’s Signature Species
Eighteen years after an unprecedented rebound of redfish stocks, aided by gamefish status in the late 1980s, the net ban in 1995, and strict bag and size limits, redfish have become the most “fished for” inshore species in the state by boating anglers.
However, FWC stock assessments have revealed that although the species is still achieving the agency’s goal of 30 percent escapement on Gulf and Atlantic coasts, increasing fishing pressure is starting to have an affect on overall abundance. (The escapement rate for redfish, which is similar to SPR in other species, is the portion of fish that survive long enough to “escape” to the offshore schools of spawning fish.)
The biologists determined that even though current escapement rates are 32 percent on Florida’s Gulf coast and 34 percent on the Atlantic coast, there has been a slow erosion over the years in the number of juveniles escaping to the offshore spawning stock.
“Although the escapement rate is still over the current 30 percent on both coasts, there’s been a decline since the initial rebound of the species,” said Forsgren. “If we don’t act, we could fall below the 30 percent management goal in the near future.”
Following the stock assessment, CCA took part in an FWC stakeholder working group of guides and recreational anglers to gather input on the future of the redfish fishery. After reviewing the latest scientific data, group members were inclined to suggest a cautionary management approach to ensure continued success for the fishery by possibly adjusting the slot limit or closing harvest during certain periods of the year.
“Rather than wait for the species to fall below the 30 percent goal, we’re pushing for a more proactive approach to protect redfish that are close to reaching escapement age,” said Forsgren.
CCA Florida has further recommended that the FWC manage redfish for a 40 percent escapement rate rather than the current 30 percent. That goal would be similar to the 40 percent SPR level at which snook are managed and would lead to an inshore stock with more redfish and larger redfish.
“With the next stock assessments for snook and redfish not expected until 2008, it’s very important that we consider management options for both species now,” added Forsgren. “And when looking at these options, we, and all of Florida’s recreational saltwater anglers need to take into account the tremendous value that we get out of both fisheries. Why take a chance in losing any of that?”
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30-Year Tradition of Conservation
The Coastal Conservation Association is celebrating its 30th year as a major force for marine conservation. From a small meeting in Houston, Texas, the organization has grown to include 90,000 members in 100 local chapters from Maine to Texas. For more information about the history of CCA and the 22-year history of CCA Florida go to www.joincca.org and www.ccaflorida.org/chronology.html.
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Review of FWC Netting Enforcement Actions
Following are excerpts of enforcement actions conducted by wildlife officers with the Florida Fish and Wildlife Conservation Commission (FWC) between November 1, 2005 and November 1, 2006. Although these concern only a sampling of illegal net cases, Weekly Reports provided to the public by the FWC typically contain between 40 and 50 enforcement actions per week ranging from illegal netting to hunting violations. The weekly violations reports can be viewed in full at http://myfwc.com/law/weekly/index.htm.
November – December 2005
November 20—officers in Pinellas County, while conducting a late night patrol for illegal netting, observed a small vessel operating at a high rate of speed without navigation lights. After stopping the vessel, they found signs that mullet had been onboard but no fish or nets were present. The vessel operator had two outstanding warrants and he was arrested.
November 25—officers in Manatee County working an illegal commercial fishing detail at 2 a.m. observed a vessel operating without navigation lights and working a spotlight. A stop revealed that two subjects had deployed approximately 600 yards of mono-filament gill net which contained 172 pompano. Both subjects were arrested and the net was seized.
November 26—an officer working surveillance observed an airboat with a large pile of net on the front deck. When he attempted to approach, the airboat angled away at a high rate of speed. The officer overtook the vessel after following for approximately two miles, but the net was gone. Returning to the site where the airboat was first spotted he discovered a 1,680-foot entanglement net. Felony netting charges were filed against the two subjects.
December 11—officers in Hillsborough County, responding to a complaint of illegal netting in Tampa Bay, spotted a blacked-out vessel. The officers discovered a 26,000-square-foot monofilament net filled with more than 6,000 pounds of mullet. The net, vessel and fish were seized and the two suspects were booked into jail.
January – October 2006
January 15—an officer in Sarasota County patrolling for illegal netting activity witnessed a boat deploy a net. Three individuals were cited for fishing with seine nets connected, fishing with more than two seine nets from a vessel, and fishing with a net larger than 500 square feet. Four seine nets were seized as evidence.
February 23—a Lee County judge ordered the forfeiture of a 25-foot net vessel, seized by FWC officers in December 2003, for deploying entangling nets in state waters. At the time of the arrest approximately 5,000 pounds of fish were seized.
June 27—officers in Taylor County watched a boat strike a very large net. Upon inspection, they found the subjects were fishing with three attached entanglement nets measuring over 6,500 square feet. The subjects were charged with one felony and 13 misdemeanor violations. Both had prior illegal netting arrests.
June 28—an officer in Manatee County, after a four-hour surveillance, stopped a vessel with two subjects onboard. One of the subjects dumped approximately 1,200 yards of monofilament net. The vessel contained approximately 1,000 pounds of mullet. Both subjects were arrested.
June 29—an officer in Charlotte County discovered a subject fishing with four, connected seine nets and possession of over 50 mullet. The subject was charged with fishing too many nets, unmarked nets, and an illegal number of meshes per foot.
Week of July 21—an officer in Franklin County conducted a fisheries inspection on a shark gill net boat that resulted in federal violations of no valid permit onboard, improper vessel identification, and improper gear identification; and state violations of no valid SPL, an unmarked gill net, and three boating safety violations.
August 3—officers in Volusia County stopped a shrimp trawling vessel that was operating and trawling without navigation lights within one mile of the shoreline. The operator was issued a misdemeanor notice to appear for use of illegal nets; the catch and the illegal trawl nets were seized.
August 8—officers in Duval County boarded a shrimp boat and noticed a large amount of “by-catch” onboard. A closer inspection of the nets revealed both by-catch reduction devices had been rendered inoperative.
Week of August 25—officers in Taylor County responded to a report of a possible gill netting violation. They located a stop net, with four-inch stretch mesh, struck with PVC poles at each end. The officers set up surveillance and two hours later they watched as two fishermen retrieved the net. The fishermen were cited for fishing an entanglement net, soaking a net for over one hour, and possession of trout over the legal slot limit.
September 6—investigators in Lee County conducting surveillance advised another officer that a vessel was striking a net. The officer stopped the vessel as the occupants were in the process of pulling in a monofilament gill net. The net and a cooler onboard contained 43 pompano, one Spanish mackerel and one bluefish. The vessel, net and fish were seized as evidence and the two occupants were arrested for use of an entangling net in state waters, possession of a gill net on a vessel less than 22 feet, vessel out of transit, and simultaneous possession of pompano with a gill net.
September 12—officers in Lee County working a net limitation detail observed a vessel using a spotlight. Upon attempting to stop the vessel, the operator fled while the occupant deployed a monofilament gill net. Both the operator and occupant were caught and taken into custody and the vessel, net and fish were seized. Both subjects were charged with illegal use of an entangling net, simultaneous possession of pompano with a gill net, and illegal transit with a net. The operator was additionally charged with fleeing/attempting to elude a law enforcement officer.
October 6—officers in Franklin County saw two persons onboard a small vessel deploy what appeared to be some kind of net at about 12:15 a.m. They intercepted the suspect vessel and discovered that the two subjects were fishing an illegal gill net in state waters and had 270 pounds of fish onboard.
October 7—an officer in Volusia County approached a trawler/fishing vessel dragging within one mile of shore. The vessel was escorted back to Ponce Inlet, where the vessel’s captain was issued criminal charges for illegally trawling within one mile of shore. Four trawl nets and 700 pounds of seafood product were seized as evidence.
October 9—Franklin County officers utilizing advanced night vision equipment conducted a stop on a vessel. They found that the three suspects onboard were in felony possession of a monofilament trammel net and approximately 300 pounds of illegal fish. The net and fish were seized and the three suspects were incarcerated.
October 12—officers in Brevard County working Federal Fisheries Enforcement observed a commercial vessel working a gill net approximately nine miles offshore. After conducting a fisheries inspection, the fishermen were found to be in possession of three, 800-yard gill nets. The captain of the vessel was issued a federal citation for over-the-limit of gill nets onboard a vessel while fishing for Spanish mackerel.
October 13—officers in Franklin County, concentrating their enforcement efforts on illegal net fishing at night identified a suspect vessel running without navigation lights. Upon inspection, the officers discovered that the suspects were in possession of, and had been fishing with an illegal net and were in possession of nearly 200 pounds of fish.
October 16—officers in Franklin County working an illegal net fishing detail stopped a vessel with three subjects onboard. They were found to be in possession of illegal nets and fish and all three were arrested and charged with felony and misdemeanor charges.
October 26—officers aboard the FWC patrol vessel JJ Brown off Frank-lin County stopped a shrimp boat that had been trawling in state waters. The vessel was found to be pulling four nets in violation of the two-net limitation in nearshore waters. The mouth of the nets measured 87 feet in circumference which is over the 66 foot limit. Each net measured out to 2,740 square feet, a felony violation, for a total of 10,960 square feet of net. Nets were seized and appropriate citations issued including one felony warrant.
October 30—an officer in Duval County responded to a complaint about a gill net in use. The officer observed and detained four males with a net in the water. The net turned out to be a gill net over 2,100 square feet. The four were charged with use of a monofilament net, possession of undersize redfish, and possession of undersize black drum.
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Governor Elect Charlie Crist is a Strong Supporter of Marine Protections
The election of Charlie Crist as Governor of Florida will likely bode well for marine protection initiatives in Florida. As a state senator in the early 1990s, he introduced netting restriction legislation in the Florida legislature designed to put a stop to blatant destruction of the state’s marine resources. When that legislation failed to pass, and it became necessary to pursue the constitutional net ban, Charlie Crist was one of the effort’s first and strongest proponents of its passage.
As Attorney General in 2005, he worked against legislation to circumvent constitutional netting restrictions and the constitutional status of the Florida Fish and Wildlife Conservation Commission. When the bills were introduced by pro-netting legislators he took a strong position as Attorney General and sent letters to the bill’s sponsors pointing out that the proposed legislation was unconstitutional, effectively stopping it’s movement within the legislative process.
Governor-elect Crist has also opposed the unnecessary creation of no-fishing zones in Florida. In November 2006, he was the sole member of the Florida Cabinet to vote against a proposal to prohibit all recreational fishing, including catch and release fishing, in half of the Dry Tortugas National Park. His opposition, along with that of CCA Florida, was based on the park’s own science which showed a dramatic increased abundance in fish species in the area between 1999 and 2004. His strong opposition to no-fishing zones and longstanding support for Florida’s marine fisheries issues means that a lot can be accomplished for fisheries protection during his term as Governor.
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Pasta Pantaleo is CCA Florida's Newest Featured Artist
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CCA Florida would like to recognize Pasta Pantaleo for his generous support of marine conservation initiatives in Florida. The artwork Pasta Pantaleo creates is inspired by the thrill of blue water fishing, the challenge of inshore angling in South Florida and the serenity of kayaking through the winding mangroves in the pristine waters of the Florida Keys. His donation of fine art has provided important fundraising opportunities for the organization. For more information about the featured artist program go to ccaflorida.org/featured_artists.html.
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CCA Supporting Dolphin Tagging Research Project
CCA Florida has become a sponsor of the Dolphin Tagging Research Project operated by Cooperative Science Services, under the direction of Don Hammond. Hammond was the principle investigator for the South Carolina Department of Natural Resources tagging study that was done between 2002 and 2005. That original study was created to fill in unknown facets of the dolphin’s life history in order to improve the basis for developing management plans. The results of the original study, in which nearly 5,000 dolphin were tagged, revealed previously unknown information regarding the species migration patterns and geographic ranges. The success of that study also inspired anglers to request a continuation of the current research project under Cooperative Science Services. For detailed information on the study, including goals and objectives, as well as tagging results, or to report a tag recovery go to http://dolphintagging.homestead.com/About.html.
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Us and Them
By Mike Dambro, Regional Director
I was in a chapter meeting a few months ago when I heard a member using words like “us” and “them” so much it sounded like a meeting between rival nations. I was a little taken back when I realized the words were all being used to talk about CCA.
Who are “us” and who are “them?” The question sounds like an English teacher’s nightmare. Are “we” the local chapter and “they” the staff? Or are “we” CCA Florida and “they” CCA National? Or are “we” the local members and “they” the chapter presidents or state board members?
CCA is a grassroots organization. You’ve probably heard that before but what does it really mean? It means that you — the CCA member reading this article — is CCA. As an active member of this organization, you are the roots of who we are and what we do. Everything flows up from you. All our positions and actions on fisheries and conservation issues are made by groups of members. All our important financial and business decisions are also made by groups of members.
But what about the employees of CCA? Aren’t they really calling all the shots and running this organization? In a word, no. Members are often surprised to learn that there are only two employees in our Tallahassee office, our Executive Director and his assistant. And, in the Orlando business office, you’ll find our CEO, office manager, accountant, event coordinator and four regional directors. We also have a subcontractor who is our communications director. That’s it. Just about enough to fill an elevator, while there are nearly 11,000 members scattered across the state. But the numbers don’t really matter. What matters is that the employees of CCA are only there to perform necessary business functions and to assist you, the members.
The membership is represented by an all-volunteer board of directors and a group of specialized committees—Management, Budget, Executive and Government Relations. The Executive Committee, which has one seat reserved for the president of each local chapter, is where every member has a voice. Every chapter president I’ve met is available to the members in their chapter to hear your concerns and your opinions. They want to know what you think is important and what you want to do as an organization. Then, they and the rest of the committee come to agreement on the direction that CCA takes.
To borrow a line from the Beatles, “I am he as you are he as you are me and we are all together.” And it is only together, with the strength of nearly 100,000 members nationwide, that we can continue to make great strides on behalf of marine conservation.
So, who are “us” and who are “them?” Every member of the national staff, the state staff and every individual member of CCA – you and me — are “us.” Who knows who are “them?”
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