|
Proposed Changes to Florida’s Constitution Could Threaten the Net Ban (Seawatch, March 2006)
by Ted Forsgren, CCA Florida Executive Director
The Florida Senate Judicial Committee has begun holding meetings to discuss legislation that would "Streamline the Florida Constitution" by moving some amendments into statute law.
In 1994, Florida’s citizens voted overwhelmingly, by a 72 percent margin, to approve the "Limiting Marine Net Fishing" constitutional amendment which is now contained in Article X, Section 16 of the Florida Constitution. Known as the Save Our Sealife Amendment, it prohibited the use of gill and entangling nets in all Florida coastal waters and also prohibited other large nets in nearshore and inshore waters. It was the most important marine conservation initiative in the history of Florida and reversed decades of abuse of Florida’s marine resources through waste and overfishing.
Since that time, the amendment has withstood numerous attempts to weaken its provisions from lawsuits to contrived definitions by commercial fishermen of what constitutes a gill net and how a legal net should be measured. In each case, the courts and state agencies have consistently upheld the net ban amendment. But now a new threat may be emerging in the form of legislation to "Streamline the Constitution."
A report released by the staff of the Florida Senate Judicial Committee, Options for Streamlining the Florida Constitution, identifies subjects in the state Constitution which could be considered "statutory matter" and could be adopted as statutes instead of being in the Constitution. These subjects include term limits on elected officials, the smoking ban in public places, limits on increases in property taxes, minimum cage sizes for pregnant pigs, and the net ban.
In February, the Senate Judicial Committee began discussing the issue and has prepared a Senate/House Joint Resolution (SJR 1918) that would put one or more constitutional amendments on the ballot this fall. If approved by voters, provisions would be removed from the Constitution and made into a statute. The statute could then be modified or repealed by the Legislature.
In its current form SJR 1918 contains corrections in the Constitution for 297 misspelled words, grammatical errors and other technical errors, plus a provision to remove the "pregnant pigs" section from the Constitution and make it a statute.
Committee Chairman Senator Daniel Webster (R – Winter Garden), however, stated that his reason for putting the pregnant pigs provision in the proposed committee bill was to provide a procedure and format in the bill where committee members could offer amendments to add other constitutional provisions for repeal and conversion to statute.
CCA Florida adamantly opposes any attempts to remove Article X, Section 16 "Limiting Marine Net Fishing" from the Constitution. If the net ban were made into a statute, the Legislature would be able to modify or repeal the netting restrictions. They could vote to bring back gill nets, or let huge seine nets once again sweep the sealife wholesale from our nearshore coastal waters.
Led by the Florida Conservation Association (now CCA Florida) and Florida Sportsman magazine, the net ban constitutional amendment was proposed and supported by conservation and fishing groups after 10 years of failures by state agencies and the Legislature to control large-scale netting and restore the health of our publicly-owned fishery resources.
The petition drive to place the amendment on the ballot was a true grassroots campaign from start to finish. An army of citizen volunteers gathered every single one of the required 540,000 petitions. In fact, not a single petition was collected by a paid petition gatherer. We know of no other citizen constitutional amendment initiative, in Florida or anywhere in the United States, where every single petition was collected by a volunteer.
On November 8, 1994, the Constitutional Amendment "Limiting Marine Net Fishing" was approved with a "yes" vote from 2.8 million Floridians. It was an overwhelming victory that created a significant, and permanent mandate for marine conservation in Florida.
Lend Your Support
CCA Florida urges its members and others who support strong marine conservation to oppose any attempt by the Florida Legislature to remove the net ban from the Florida Constitution. For updates on the progress of legislation to "Streamline the Constitution" visit www.ccaflorida.org. and CCA Florida Advocacy Articles and Publications on Illegal Netting and Net Ban Enforcement.)
Anyone interested in receiving E-mailed updates on the legislation can send your name and E-mail address to info@ccaflorida.org.
[Return to Table of Contents]
Circuit Court Rejects Lawsuit Filed by Commercial Netting Interests (Seawatch, March 2006)
Ending the latest attempt to weaken the net ban, Judge Ferris upholds FWC rules implementing the constitutional gillnet ban.
On February 3, Leon County Circuit Judge Janet E. Ferris ruled that the Fish and Wildlife Conservation Commission’s regulations implementing the ban on gill nets "are a valid exercise of the Commission’s constitutionally delegated authority and that there is a rational basis for their provisions."
The lawsuit, which was filed by the Wakulla Commercial Fisherman’s Association and Ronald Fred Crum in July, once again tried to invalidate the measures which require seine nets to have a net mesh size of 2 inches or less. The commercial netters have consistently sought to legalize the use of nets with 3 inches or greater mesh size, which would be used as gill nets.
In fact, according to the judge’s Final Order, commercial netters argued that "if the three-inch net is a gill net, then the two-inch net also must be a gill net, and therefore the Commission’s rule allowing meshes of two inches or less is therefore unconstitutional."
In ruling against the netters, Judge Ferris found that this argument would only lead to the conclusion that all nets could be ruled illegal. "Such an argument falls squarely within the admonition of being careful about what you ask for, since finding the rules unconstitutional would not lead to the conclusion that any net is therefore available to fishermen."
The case was filed following a ruling in February 2005, by the FWC, which approved a set of rules that created a net-measurement procedure, clarified net construction criteria and solidified the definition of a legal seine net as having a mesh size smaller than two inches.
The same issue has been litigated by the same group several times before with similar results.
Court Ruling by Leon County Circuit Court Judge Janet E. Ferris,
pdf format, February 3, 2006
[Return to Table of Contents]
CCA Florida Marine Conservation Initiatives for 2006 (Seawatch, March 2006)
by Ted Forsgren, CCA Florida Executive Director
At their annual winter meeting in February, CCA Florida’s Board of Directors approved the 2006 Fisheries Conservation Work Plan, which contains an abundance of inshore and offshore fisheries issues. Following are highlights of that plan.
2006 Legislative Session – Florida Constitutional Amendments
CCA Florida will be closely monitoring the 2006 legislative session for attempts to remove the net ban amendment from the Florida Constitution or weaken the independent, constitutional authority of the Fish and Wildlife Conservation Commission (FWC). Although attempts to weaken the net ban were turned back in 2005, the 2006 legislature has been reviewing and considering proposals to remove citizen initiative amendments from the constitution as well as making changes to the citizen initiative process.
Saltwater Fishing Access –No-Fishing Zones (Seawatch, March 2006)
CCA Florida and CCA National will remain in the forefront of the battle to stop the unnecessary use of no-fishing zones as fisheries management tools while advocating more effective, proven fisheries management measures such as spawning aggregation protection, time and area closures, and size and take limits. Active participation will also continue in the development of management options for Biscayne National Park including opposition to no-fishing zones and expansion of the CCA Florida/Biscayne National Park Angler Alert Network.
We will also monitor and develop recommendations in coordination with CCA National advocacy programs for South Atlantic and Gulf of Mexico Fishery Management Council proposals for no-fishing zones off of Florida. In addition, we’ll continue our opposition to a lawsuit brought by an environmental group that seeks to prohibit all surface trolling in two, 100-square-mile Gulf gag grouper management areas.
On another front, we’ll monitor the activities and hearings of the Florida Department of Environmental Protection’s Office of Coastal and Aquatic Managed Areas as they develop plans and management regulations for statewide Aquatic Preserves. Plus, we’ll stay abreast of actions by the Florida Oceans and Coastal Council, which is developing priorities for ocean and coastal research and establishing a statewide ocean research plan.
Evaluation of Florida’s Saltwater Recreational Fishery
In 2005, CCA worked with the FWC to evaluate the current and future needs of recreational saltwater fishing. As part of the process, and through "stakeholders" meetings, we advocated more equitable attention and FWC resources to protecting and maintaining recreational fisheries. CCA Florida’s active support for any significant increases in recreational license revenues will likely be contingent upon the FWC’s evaluation and future plans for the saltwater recreational fishery.
CCA Florida will also work with the FWC to establish policies for determining allocation of recreation and commercial take of specific fish and shellfish. We also feel that the FWC must support and encourage the continued development and placement of artificial reef habitat, which will create additional habitat and enhance the marine resource of the state.
State Authority Over Fisheries in Federal Waters off Florida
CCA Florida feels it’s vital that the FWC develop and implement measures that establish more state-based influence over the management of fisheries in federal waters off of Florida when more than 50 percent of the total harvest of a specific species is taken off of and landed in Florida. Additionally, CCA Florida and CCA National will be working to change the Magnuson Federal Fisheries Management Act to allow Florida greater responsibility and authority in managing fisheries in federal waters off of Florida.
Net Ban Enforcement
As part of our ongoing effort to stop large-scale fish poaching in state waters, flagrant netting arrests made under the felony penalties provisions passed in 2004 will be tracked through final prosecution to ensure the law is being applied effectively. We’ll also continue to monitor and intervene when necessary in court cases brought by commercial interests that attempt to weaken the constitutional provisions of the net ban. One such case was recently won when a Leon County Circuit Court upheld the FWC rules implementing the Constitutional net ban.
Gulf and South Atlantic Snapper/Grouper Management Plans (Seawatch, March 2006)
Following our successful lawsuit against NMFS, which stopped the unnecessary total closure for two months of all recreational Gulf grouper fishing, we’ll continue working with the FWC and the CCA National Gulf Committee to achieve fairer allocation of Gulf grouper for recreational fishers. Support will also be maintained for the CCA and FWC position that would prohibit use of commercial bottom longline gear out to 50 fathoms in the Gulf. CCA Florida is also opposed to the longline industry’s $30 million "buy-back" plan, which does not provide any reduction in commercial grouper landings.
CCA Florida will also work with CCA National’s Gulf fisheries advocacy program regarding development of red snapper protection regulations and continue support for CCA National’s lawsuit calling for NMFS to reduce major adverse impacts of shrimp trawls on red snapper. Recent stock assessments indicate that landings need to be reduced by 50 percent.
In the Atlantic, CCA Florida will maintain coordination with CCA National’s South Atlantic Fisheries Advocacy Program to develop recommendations for black sea bass, vermilion snapper and other species management plans being considered this year.
Saltwater Fishing Access – Manatee Zones (Seawatch, March 2006)
CCA Florida will maintain participation in FWC hearings for any proposed new state manatee zones. We’ll also take part in the FWC/U.S. Fish and Wildlife Service (USFW) stakeholder committee on manatee protection and management issues, and in the USFW’s manatee recovery program as part of their seven member oversight/steering committee.
Additionally, CCA supports the use of measurable biological goals, genetic tagging to determine adult survival rate, and a fair evaluation of the effectiveness of existing manatee speed zones.
Snook (Seawatch, March 2006)
In 2006, CCA Florida will participate in the FWC’s Snook Symposium regarding protection and management of snook. We’ll also review the newest snook stock assessments due out this year and make recommendations for future management measures.
Spotted Seatrout (Seawatch, March 2006)
CCA will continue to advocate for FWC rule changes that will establish commercial limited entry to the seatrout fishery and a phase-out of commercial take of spotted seatrout. Currently, commercial fishermen are allowed to take 75 fish per day during the summer months, while recreational anglers are limited to five or fewer fish per day.
Redfish
For this important species, CCA Florida will participate in a review of a new FWC redfish stock assessment to determine whether current regulations are meeting biological goals. We’ll also continue support for the creation of a statewide redfish stocking program once the new saltwater hatchery is constructed and operational.
Goliath Grouper (Seawatch, March 2006)
CCA is requesting an updated stock assessment for goliath grouper. In addition, we’ll continue an effort to develop a plan for a very limited, controlled recreational harvest of goliath grouper if the assessment shows that limited take can be allowed. We remain opposed to any commercial take and/or sale of the species.
Pompano
This year we’ll be reviewing and developing recommendations for the pompano strategic plan with a strong emphasis on the FWC’s criteria for determining allocation of allowable take between the recreational and commercial sectors.
Habitat Restoration Projects
CCA Florida will continue to seek grant funding for major marine fisheries habitat restoration projects. In 2006, we’re seeking financial support for a major oyster bar creation project in Boca Ciega Bay, a part of the Tampa Bay ecosystem.
[Return to Table of Contents]
CCA Florida Hires New General Manager
and Regional Director (Seawatch, March 2006)
CCA Florida’s management committee selected Robert Hendricks to take over as CCA Florida’s general manger in January following the decision by Gary Hill to seek other opportunities. Hendricks, 40, brings a wealth of experience and a strong business background to the organization. A graduate of Boise Almeda University with a Bachelor of Business Administration and a major in Business Management, Hendricks has held positions in a handful of large corporations where he was consistently recognized for his superior management skills.
"Rob is a proven, hands-on leader who has found success in every organization with which he’s been associated," said David Howton, CCA Florida Chairman. "The management committee felt his knowledge and business experience, and obvious eagerness to join the CCA Florida family separated him from the many other well-qualified candidates."
Hendricks is an avid outdoor enthusiast, and has experience working with non-profit organizations. He also understands CCA Florida’s mission of representing the interests of saltwater anglers and protecting the state’s marine resources.
"CCA Florida is known as an organization that sets goals on behalf of saltwater anglers and marine conservationists, then works hard until those goals are met," said Hendricks. "For my part, I’m looking forward to increasing the influence, effectiveness and efficiency of the organization so we can do even more to enhance recreational fishing in Florida."
Daniel Stansbury was selected by the Management Committee to become CCA Florida’s fourth Regional Director. Stansbury brings a strong commitment to marine conservation as revealed by his extensive volunteer efforts on behalf of CCA Georgia. A graduate of Georgia Southern University with a Bachelor of Science in broadcasting, his background includes working for a major Fortune 500 financial institute and a decade of recognized achievement within the hospitality industry.
"The management committee felt that Daniel’s background, personable nature and enthusiasm for saltwater fishing and conservation made him the perfect choice as our fourth regional director," said Howton.
Stansbury will work out of the Orlando business office, and following a training period will be assigned to work directly with a number of local CCA chapters. His focus will be directed toward chapter development and expansion of fundraising capabilities through banquets and other community events.
[Return to Table of Contents]
Preliminary Biological Status Review Completed for Manatees (Seawatch, March 2006)
Three biological review panels, each consisting of five experts appointed by the Florida Fish and Wildlife Conservation Commission (FWC), recently completed preliminary biological status reviews of three of Florida’s imperiled species. The reviews were conducted in response to petitions to re-evaluate the status of the bald eagle, gopher tortoise and the Florida manatee. Under the new listing process for imperiled species adopted by the FWC last spring, the assessments consider specific criteria that include population size, trends, distribution and range.
The panel recommended that the Florida manatee be reclassified from endangered to threatened. Panels also recommended that the bald eagle be removed from the imperiled species list, and that the gopher tortoise be reclassified from species of special concern to threatened.
CCA Florida requested a biological review of manatees in 2000 in order to get to the truth of the species’ status. "There were all these groups alleging that the manatee populations were declining and were on the brink of extinction, and that simply wasn’t true," said Ted Forsgren, executive director of CCA Florida. "We knew, because we have guides as members, people who are out on the water every day, and they can tell you that 25 years ago, there were not nearly as many manatees as there are today."
CCA Florida also commissioned a study in 2000 by Dr. Thomas Fraser which found that manatee numbers have been increasing for at least 30 years. Added Forsgren, "We remain confident that manatees can be protected, and their survival ensured without unduly restricting fishing and boating access to Florida’s most important public resource areas."
Species-specific experts from around the world are currently evaluating these recommendations through a peer-review process. Experts will present final peer-reviewed classification recommendations to the FWC in West Palm Beach in June.
More articles and publications on CCA Florida's advocacay position on Manatee Protection and Angler Access.
[Return to Table of Contents]
FWC Allows Another Huge No-Fishing Zone in the Dry Tortugas (Seawatch, March 2006)
The Florida Fish and Wildlife Conservation Commission (FWC) has decided to support the creation of a 46 square mile no-fishing zone inside the Dry Tortugas National Park. The closure is part of the park’s general management plan.
Since the national park lies entirely within Florida waters, an agreement was reached in September 2005 between the State of Florida and the National Park Service that allows the Service to manage submerged lands within the park. However, the FWC has jurisdiction over fisheries within Florida waters so the proposal had to go before the commission.
CCA Florida opposed the decision and encouraged the FWC to amend the Park Service’s proposed ban on all fishing in the 46 square miles—roughly half the park—to allow catch and release fishing for species such as tarpon and permit. It was felt that there was no reason to prohibit all forms of recreational fishing when there are other proven means to protect fisheries.
Although the management plan calls for the closure of all fishing, spearing and boat anchoring, vessels with park permits would be allowed to tie up to mooring buoys for wildlife viewing, snorkeling and diving activities. Even though enforcement issues were brought up by proponents of the no-fishing zones, CCA felt that catch and release fishing for tarpon and permit would not create enforcement problems any different than could arise from allowing recreational diving in areas where spear fishing is prohibited.
In addition, closed areas to the north and south of the park already prohibit fishing in 150 square miles and constitute the largest no-fishing zone in the United States. Moreover, a scientific report entitled "Fishery – Independent Monitoring of Coral Reef Fishes and Macro-Intervertebrates in the Dry Tortugas" published in 2004, found that the snapper and grouper species in the park are already in good condition, and in fact, found that huge increases in the population of bottom species such as red and black grouper and yellowtail snapper has taken place since 1999 in areas of the park where recreational fishing is allowed.
CCA Florida's Advocacy Position and other articles and publications relating to Marine Protected Areas and No-fishing Zones.
|
