I. EXEMPTIONS IN SLOW SPEED ZONES FOR “COMMERCIAL FISHING ACTIVITIES FOR THE SETTING OF NETS TO ENCIRCLE FISH” ARE UNWARRANTED AND UNNECESSARY

1. BAD PUBLIC POLICY – Voluntary compliance is an essential element for success of manatee speed zone rules. Forcing one class of boaters to watch another class of boaters legally exceed the speed limits while they are required to maintain 5 mph. or less undermines voluntary compliance and is bad public policy.
   
   
2. OUTDATED CONCEPT – The exemption is outdated and goes back to the pre-net ban era when commercial fishermen were allowed to use nets up to a half a mile long. There is no justification for an exemption for “setting nets to encircle fish” with a 500 sq. ft. net – a net with the equivalent net mesh area of a 14 ft. cast net! Unless the net fishers are planning to use multiple nets tied together or “overlapped” to function as a larger net – which is illegal – it is difficult to believe a 500 sq. ft. net can be used to encircle fish, much less qualify for a hardship exemption from the slow speed limit that every other boater has to abide by.
   
   
3. MAJOR DEPARTURE FROM COMMISSION POLICY / ACTIONS OVER THE LAST THREE YEARS – Commission staff comments indicate that a similar exemption ?has been established in several counties where manatee protection rules have been adopted, including Sarasota.? Although, the statement is correct, staff did not indicate that the exemption in the Sarasota County rule was adopted 12 years ago!
   
   In 2002, the FWC adopted manatee zone rules for Charlotte County – Turtle Bay, Lemon Bay, and the Peace River. These rules did not contain any exemptions for commercial fishermen to set nets.
   
   Furthermore, in 2002, the Commission adopted a manatee zones rule for Terra Ceia Bay in Manatee County, which did not include an exemption for commercial fishermen to set nets.
   [Note: The current staff recommendation for the FWC’s Manatee County zones will reverse that previous action and provide the exemption for Terra Ceia Bay].
   
   
4. INCLUDING A NEW AND CONTROVERSIAL PROVISION AT THE FINAL HOUR IS INAPPROPRIATE
   CCA Florida has been a major participant in the Local Rule Review Committee and FWC rule process for the last 14 months. We have attended every public hearing and Commission meeting where the Tampa Bay manatee zone rules have been discussed. There has never been any public discussion regarding an exemption in the slow speed zones for setting nets to encircle fish. The issue only became public three weeks ago when the final staff recommendations were released.
   
   RECOMMENDATION – The FWC Commission should reject the staff recommendation to include an exemption in Manatee County slow speed zones for commercial net fishers to exceed the speed limits to set nets to encircle fish.
   
   

II. THERE IS NO JUSTIFICATION FOR MAKING BISHOPS HARBOR SLOW SPEED YEAR ROUND
Bishops Harbor is one of the best fishing areas in Tampa Bay. There are currently no speed zone limits and there has never been a watercraft mortality ever recovered in the area. In fact, the closest watercraft mortality mortalities are miles away - 3½ miles north or 4 miles south of the entrance to the bay. At the April meeting we urged the Commission to reject the current staff recommendation and work with angling groups and Manatee County to develop a zone which provides reasonable access for saltwater anglers, like the one developed for Turtle Bay in Charlotte Harbor. No changes have been made to provide more reasonable access.

RECOMMENDATION –
1. Reject staff recommendation for Bishops Harbor; or,
2. Establish a 25 mph year round zone instead of the year round slow speed zone.

III. FWC ZONE FOR ANNA MARIA SOUND CREATES A BOATING CONGESTION NIGHTMARE
The final staff recommendation for Anna Maria Sound funnels all, and substantial, boating traffic into one channel. Other channels used by boaters are eliminated in the FWC Plan. The FWC data provided to the Local Committee shows that there has never been a watercraft mortality recovered north of SR 64 in this area of Anna Maria Sound area. In the immediate vicinity south of SR 64 there has been only one. There is no justification for eliminating all but one narrow entrance channel and creating major boating congestion, safety and conflict problems.

RECOMMENDATION –
1. Reject the staff recommendations for the Anna Maria Sound area (both north and south of SR 64).

 

IV. SUMMARY OF CCA FLORIDA RECOMMENDATIONS BY SPECIFIC AREA FOR REMAINING AREAS

Prepared by: Ted Forsgren
CCA Florida
905 E. Park Avenue
Tallahassee, FL 32301
(850) 224-3474