June 2000 -- SeaWatch - The Newsletter of CCA Florida

June 2000 Issue #82

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Snook by Susan H. Young

CCA Florida is pleased to report that thanks to the hard work of the membership, staff and lobbyists, every one of the organization's goals was achieved during this year's legislative session. A number of legislators were very supportive of our efforts, among them were Senator Jack Latvala (R-Palm Harbor), Representative J. D. Alexander (R-Winter Haven) and Senate President Toni Jennings (R-Orlando).

Prior to the session, CCA Florida prioritized several key marine conservation items in the Fish and Wildlife Conservation Commission’s (FWC) budget request including law enforcement overtime, artificial reefs, saltwater hatchery research, redfish stocking assessment and saltwater hatchery repairs. Then during the session we worked with legislators and FWC staff to get each of these budget items funded.

The final legislative budget contained funding for all of these issues. Since Governor Bush also had included funding for these areas in his budget recommendations, there is little likelihood of a line item veto.

The 1998 constitutional amendment that created the independent FWC transferred all of the state’s executive and regulatory authority for managing saltwater fisheries from the Legislature to the FWC. Although the Legislature does not now have the authority to reauthorize the tarp "scam" net program, we fully expected someone to try.

The attempt came during the next to the last week of the session. Senator Charlie Clary (R-Destin) drafted an amendment to continue the program for two more years and began contacting fellow legislators seeking to tack the amendment onto their sponsored legislation. Only bills related to marine issues could be used as a "vehicle" for his amendment. They included a stone crab limited entry program, aquaculture and two FWC bills.

CCA Florida contacted the sponsors of each of these bills, provided tarp "scam" net photos and newspaper editorials, and urged them not to allow the amendment. Despite a great deal of behind-the-scenes activity over this issue, when the session ended the amendment had not been added onto any legislation.

Also during the final two weeks of the session, commercial netters from Wakulla County tried to add an amendment to either of the FWC bills that would have attempted to authorize use of a 500-square-foot gillnet. The amendment sought to allow the use of any size mesh in a seine net (including mesh sizes used to construct gillnets) as long as it was less than 500 square feet. This amendment was killed on the House side primarily through opposition from Rep. J.D. Alexander who is chairman of the House Water and Resources Management Committee.

The Department of Agriculture’s aquaculture bill passed on the next to last day of the session. The Agriculture Department and the bill’s sponsors agreed to two CCA Florida amendments after they were added by Senator Jack Latvala in the Senate Natural Resources Committee.

One amendment keeps major public use decisions on where new underwater leases could be established under the Trustees (Governor and Cabinet) while still allowing them to give to Agriculture the same kind of delegations that had previously been given to DEP including actions such as reassigning, transferring or canceling existing leases.

The second amendment calls for an FWC review and comments to be provided to the Trustees when leases relate to submerged lands covered by saltwater.

A number of bills passed that were originally designed to simply clean up statutory references that were omitted by the major reorganization legislation in 1999, which created the FWC. As such, the legislation was not supposed to contain any substantive or controversial changes. However, they became prime targets for the tarp "scam" net and 500-square-foot gillnet amendments. Fortunately, although the bills didn’t pass until the final hour, attempts to add the bad amendments were blocked.

After three years of trying, the commercial industry, led by Organized Fishermen of Florida, passed legislation which sets up a program to limit the total number of traps which can be used in the stone crab fishery. It is quite similar to the spiny lobster program which has been in place for a number of years. Most of the program had already been set up in regulations recently adopted by the FWC; however, the commercial fees and licenses required to make the program pay for itself had to be adopted by the Legislature. CCA Florida urged the addition of three specific provisions which were agreed to by the commercial industry early in the session.

1. The program will be self-funded by commercial fees and licenses (not recreational license fees).

2. At a future date the state can require participants to pay "resource rent" for their special commercial access.

3. There are no vested rights and the state is free to cancel the program if it fails to serve the desired purpose. In that event, participants are not entitled to any compensation.

Dr. Allan Egbert’s selection as executive director of the Fish and Wildlife Conservation Commission staff was confirmed by the Senate without any opposition. Dr. Egbert had been appointed to head the FWC on July 1, 1999, pending Senate confirmation.

In early May, the U.S. Senate Commerce Committee, by a unanimous 20-0 vote, approved the CCA-backed longline legislation (S. 1911) sponsored by Senator John Breaux, D-La., and Senator Olympia J. Snowe, R-Maine. The legislation contains time and area closures on 162,000 square nautical miles of ocean, including a permanent year round closure to all drift longlining in the Gulf Stream off of the east coasts of Florida, Georgia and South Carolina.

Earlier this year CCA representatives testified at a congressional hearing in support of the companion bill in the House (H.R. 3390) sponsored by Reps. Porter J. Goss, R-Fla., and W.J. "Billy" Tauzin, R-La.

The Senate Committee vote was the first Congressional action on the legislation.

The legislation embodies the principles of an agreement reached in late August by CCA, the American Sportfishing Association (ASA), The Billfish Foundation (TBF), and the Blue Water Fishermen’s Association, which seeks to protect juvenile swordfish and reduce the bycatch of billfish, such as white and blue marlin and sailfish.

In addition to closing areas to longlining, the legislation also includes a $25 million buy-out program. CCA estimates that nearly a third of the U.S. Atlantic drift longline fleet, about 68 boats, would opt for the buy-out. The cost of the program would be borne by the federal government, longliners remaining in the fleet, and the states benefiting from the longline closures (Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Texas).

A number of net boats have been spotted in the Pine Island area carrying "toy boats."

In yet another creative attempt to avoid Florida’s constitutional netting restrictions, commercial netters in the Pine Island area have begun using "toy boats" as a ruse to increase the number of nets they are using.

Eyewitness accounts and photographs provided by CCA Florida indicate that netters in the Pine Island area are using a regular net boat and a smaller toy boat to fish a total of four seine nets.

The purpose of the toy boats is to fish additional nets and circumvent the constitutional amendment restriction in Article X, Sec. 16 (b)(2), which states in part that "No more than two such nets, which shall not be connected, shall be used from any vessel."

The miniature boats are carried on the larger net boat (see photos) along with at least four seine nets and are only launched when the nets are set. It’s also been reported that, unless law enforcement officers are in the immediate vicinity, the nets are connected.

CCA Florida has alerted the Florida Fish and Wildlife Conservation Commission (FWC) and urged them to stop the "toy boat" scam and other actions designed to circumvent the net ban.

"There was an Attorney General’s opinion issued in April 1999, which clearly defines the term ‘vessel’ and finds that these ‘toy boats’ do not qualify," said CCA Florida Executive Director Ted Forsgren. The opinion also points out that according to the constitution, it’s illegal to fish more than one net when not on a vessel, even "while standing in the water next to a small or toy boat."

Added Forsgren, "We believe the Commission needs to address the whole issue of commercial use and possession of seine nets. The Constitution prohibits fishing more than two seine nets, but there are currently no rules prohibiting the possession of more than two seine nets on board."

In southwest Florida, there are continuing reports of multiple nets being illegally connected and fished as large nets. Marine Patrol officers have even noted various types of "quick disconnect devices" on the ends of nets. There are also small 2-inch mesh nets made with a very fine twine that are being used as "entanglement" seines. Connecting nets and use of any entanglement nets are prohibited by the constitutional amendment.

The FWC agreed, responding in a recent letter from Dr. Allan Egbert, executive director, "Some of our enforcement efforts have been directed at these potential violators within the parameters established by law and an Attorney General’s opinion relating to the use of ‘toy boats.’"

The letter added that the Commission law enforcement officers would be paying "special attention to this apparent problem in south Florida."

The Coastal Conservation Association has released a "Five Point Plan" containing conservation recommendations for the first federal fishery management plan for dolphin in the South Atlantic region.

Colorful, acrobatic fighters, dolphin (fish) are the most sought-after offshore gamefish on the east coast of Florida and the backbone of a huge offshore charter, guide and private recreational fishery. Overall, dolphin fishing is a significant part of Florida’s FOUR BILLION DOLLAR saltwater recreational fishery—the largest in the United States.

CCA has often been critical of federal fishery management plans which by and large have been recovery plans, not management plans. "In this case, however, we enthusiastically support and applaud the South Atlantic Council’s efforts to develop and implement a dolphin management plan before the inevitable overfishing occurs," said Ted Forsgren, executive director of CCA Florida. "We are recommending that the council adopt strong regulations that will stop the alarming increase in commercial longline take of dolphin and maintain the historic recreational nature of the fishery."

Added Forsgren, "Sharks, amberjack and gag grouper are all examples of predominately recreational fisheries that have been impacted and supplanted by commercial fishers under the direction of federal fishery managers."

In the past few years, following that same trend, a number of commercial longline boats, faced with reduced populations of swordfish and tuna, have begun to directly target dolphin, landing up to 28,000 pounds per trip. In addition, a study by the South Atlantic Fishery Management Council (SAFMC) has pointed out that a potential exists for overfishing the stocks because the fast-growing species becomes "economically viable" before reaching maturity.

CCA’s Five Point Plan and Recommendations for Dolphin, which emphasizes conservation measures that address the major concerns regarding dolphin management, is as follows:

#1. Maintain the historical 90% recreational, 10% commercial allocation between recreational and commercial take.

#3. Establish a minimum size of 20 inches to allow most dolphin to reach maturity before being taken.

#5. Prohibit sale of recreationally-caught fish, with a phase-out plan for charter boats.

A series of public hearings is currently being held throughout the Southeast to receive public comments regarding the draft SAFMC Fishery Management Plan for dolphin and wahoo. "We encourage everyone with an interest in dolphin management to attend one of the scheduled meetings," said Forsgren. "It’s important that federal managers understand the value of dolphin to Florida’s recreational fishery."

Written comments regarding the plan should be addressed to: Bob Mahood, South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC 29407 (FAX: 843-769-4520).

June 8, 2000
Hyatt Key West, 601 Front Street
Key West, FL
Phone: 305-296-9900

June 12, 2000
Cheeca Lodge, Mile Marker 82
US Highway One
Islamorada, FL
Phone: 305-664-4651

The South Atlantic Fishery Management Council has voted to resubmit a modified sargassum protection plan to the National Marine Fisheries Service (NMFS) for consideration. Last November NMFS rejected a council plan that would have ended all harvest of sargassum. The vital pelagic vegetation, which is considered "Essential Fish Habitat" by the council because of the number of species of fish and sea turtles that depend on it during at least a part of their life cycle, is currently being harvested for use as a supplement in hog and cattle feed.

The council’s new modified plan, which resulted from negotiations with NMFS, now allows for a limited amount of commercial sargassum take in a small area about 100 miles off the coast of North Carolina.

Todd Hagaman, a member of Venture Crew 8 in Odessa, Florida, came up with the idea of building information kiosks at the public boat ramps at Gandy Blvd. and the Courtney Campbell Causeway for his Eagle Scout project. The purpose of the kiosks is to inform the angling public of the current Florida fishing regulations. Said Todd, "I feel this is necessary because the laws are different for each species, and are changing all the time. This makes it very hard for the public to know the current laws."

Todd presented his idea to the local Marine Patrol, which agreed to provide fishing regulations and pictures of the local fish. He then approached the City of Tampa Parks Department, which manages the ramp sites for permission and suggestions on design of the kiosks.

After his project was approved by the Boy Scout District Advancement Committee, Todd presented a proposal to CCA Florida’s Tampa Chapter for financial support. Recognizing that they had the same goal of preserving and protecting the marine resource, the Tampa Chapter agreed to sponsor the project and cover the cost of materials. CCA Florida’s support is recognized on the kiosks.

In the fall of 1998, the CCA Florida Management Committee and Board of Directors made a bold decision to reorganize the Orlando business office. Based on a successful model used by other state affiliates, an emphasis was placed on increasing direct support for local chapter membership and fundraising initiatives. Although still a strong and effective organization, our membership and chapter growth was not expanding.

Over the ensuing months, under the direction of the management committee, additional staff were added and three regional director positions established so that each one could work with a certain number of chapters in a specific region.

"The model has proven very successful. We’re up across the board, higher banquet attendance, higher profits and a fast-growing membership," said Jon Flint, CCA Florida General Manager. "Just this past fall, we set records for banquet attendance and proceeds at the Palm Beach and Citrus chapter banquets, and had huge increases in Ft. Myers, Orlando and Charlotte chapter banquet results."

Just as importantly, small- and medium-sized chapters in less urban areas of the state such as the Emerald Coast, Panama City and Treasure Coast are once again growing and holding regular banquets as part of their rebuilding process. The Keys Chapter recently held their first banquet in years, pulling-off a highly-successful event that catapulted them back into the family of CCA Chapters.

According to Regional Directors Scott Nichols, Steve Barnhill and Gary Jennings, the successful growth taking place in virtually all of the chapters is largely due to the regional directors having the opportunity to spend more time with the chapter members and in the communities. That enables them to meet with guides and work with local fishing tournaments to increase membership and identify new chapter leaders and others with an interest in conservation.

It’s a snowball effect, bringing in new leaders and developing local grassroots strength brings other people into the fold—and they get others. Eventually the chapters develop a corps of dedicated volunteers, and that’s what it takes.

Another important facet of the reorganization is that staff has been able to obtain a diversity of high-quality donations for auctions by coordinating on a statewide level. While at the same time, guided fishing trips and restaurant packages that can only be acquired locally are signed up by the chapter volunteers. "That’s where the partnership comes in between the chapter volunteers and the regional directors," said Flint.

"Bottom line, all the hard work by the regional directors and volunteers translates into an even more effective, statewide voice for conservation. We’re growing stronger every single day."

The Coastal Conservation Association has asked the courts for permission to intervene in two lawsuits challenging federal regulations designed to protect overfished red snapper in the Gulf of Mexico and is filing a friend-of-the-court brief in a third red snapper case.

"CCA is getting involved in these lawsuits to protect the resource," said Fred Miller, chairman of the organization’s government relations committee. "CCA supports the red snapper regulations as reasonable measures to help the resource recover, and it supported the process by which the rules were drawn up."

The Texas Shrimp Association (TSA) is involved in two of the suits. In one, the association of shrimp fishermen is appealing a U.S. District Court ruling that upheld a National Marine Fisheries Service regulation requiring shrimp trawlers in the Gulf of Mexico to employ bycatch reduction devices (BRDs) in their nets. BRDs are used to reduce the inadvertent catch of species other than shrimp, including red snapper. At the District Court level, TSA had argued that the rule requiring BRDs was "arbitrary and capricious" and that BRDs "unfairly burden the shrimp industry while inequitably benefiting recreational fishers."

CCA, which is filing an amicus brief with the U.S. Court of Appeals for the 11th Circuit in Atlanta supporting the NMFS rule, argues that BRDs are necessary for the recovery of the red snapper fishery and that the shrimp industry, until recently, has been required to do very little to reduce the bycatch of red snapper. The latter point was cited in the District Court’s opinion.

TSA has also filed suit in the U.S. District Court for the Northern District of Florida to lower the annual total allowable catch (TAC) for red snapper. The Gulf of Mexico TAC for red snapper is 9.12 million pounds, with commercial fishermen allocated 51 percent of the TAC and recreational anglers 49 percent. TSA reasons that a lower TAC would bring about an improvement in the red snapper fishery and, therefore, would negate the need for BRDs.

CCA, which is seeking to join the case, believes the existing TAC represents a sustainable harvest of red snapper and is supported by the best available science.

In another case before the U.S. District Court for the Southern District of Texas, CCA is backing, with a friend-of-the-court brief, a NMFS red snapper regulation for recreational fishermen that is being challenged by some south Texas charter boat owners. The suit originally was brought by the Recreational Fishing Alliance, which recently removed itself from the case.

The NMFS regulation, adopted last year to help with the recovery of red snapper, set an April 21 to Oct. 31 season and 16-inch-minimum size and four-fish bag limits. The south Texas charter boat owners are seeking a year-round season, which could not be achieved without a significant increase in the TAC. Scientific data on the red snapper population, however, does not support an increase in the TAC.

The Red-Snook Tournament Series, which is held in southwest Florida each year, has initiated a number of conservation measures resulting from a partnership with CCA Florida. The tournaments follow a strict catch-and-release format. In fact, if a fish doesn’t swim away under its own power then it is disqualified from the weigh-in.

In addition to all day weigh-ins, local Marine Agent Rich Novak has developed a special release tank that is being used successfully at the weigh-in stations. The tank’s water is cooled, super oxygenated and constantly circulated. It was first used in April and the results were outstanding. "People can see that we are doing everything possible to protect these fish," said Gene Kingery, CCA Charlotte Chapter Tournament Chairman.

Net proceeds from the tournament are used to fund a very successful annual Kid’s Fishing program which allows over 200 youngsters to spend a day fishing and learning about conservation. Remaining tournament proceeds are committed to CCA for statewide conservation programs.

Information regarding the Red-Snook Tournament Series is available at their website: www.redsnook.com.

The Florida Fish and Wildlife Conservation Commission (FWC) has acted to enhance protection for recovering spotted seatrout stocks by increasing restrictions on recreational anglers. The FWC did not take any action regarding commercial take.

"We supported most of the new recreational regulations because we, like the Commission, want the strong recovery of seatrout to continue," said CCA Florida Executive Director Ted Forsgren. "However, reducing the recreational bag limit to only four fish in the south region, without any reductions in commercial take is something we cannot accept."

Commercial fishermen are allowed to take 75 fish per boat, per day, within a 15- to 24-inch slot limit. Spotted seatrout can be commercially harvested and sold during the months of June, July and August.

"We simply don’t understand the fairness in placing more restrictions on recreational anglers while allowing such extraordinary harvest privileges for commercial fishermen," said Forsgren. "If there aren’t enough fish in the South Florida area for the average person to keep just five fish, then how can the Commission justify continuing a commercial fishery?"

CCA Florida has always maintained that spotted seatrout can be better managed and provide greater economic benefits as a recreational fishery and has urged the Commission to conduct an economic analysis to determine the impacts of eliminating or phasing out the commercial fishery. The states of Texas, Alabama and South Carolina have prohibited commercial harvest and sale of spotted seatrout.

The FWC states that, since the net ban, the commercial fishery takes less than 5 percent of the total seatrout landings. However, Forsgren noted that under the new rules all recreational fishers statewide are restricted to a 15- to 20-inch slot limit with only one fish over 20 inches allowed. Whereas, commercial fishers can target and take 75 large fish (up to 24 inches long) per day during the commercial season. "We believe that is both inequitable and contrary to the management objective of reducing pressure on the larger fish that are predominantly female," said Forsgren.

CCA Florida also noted that the most recent National Marine Fisheries Service information shows that the commercial fishing industry takes 94 percent of the total U.S. fishery landings, while recreational fishers take only 6 percent. In Florida, where the saltwater recreational fishery is, by far, the largest and most valuable in the entire U.S., the commercial industry still takes 75 percent of the total fishery landings.

"The Commission’s seatrout actions will keep the recreational take within protective levels," said Forsgren. "However, to insure that the actions will result in greater seatrout abundance, the Commission must now readdress the commercial take and sale issue."

Fish and Wildlife Conservation Commission Chairman Julie Morris and Executive Director Dr. Allan L. Egbert announced in April that the 3-year pilot program, which permitted the use of seven large tarpnets to take baitfish along the Florida Panhandle, will be allowed to expire on June 30. That outcome follows a decision to not put the issue on the FWC’s May 24-26 Pensacola meeting agenda.

"The Commission decided in February to take no action on a request to extend the program, and that decision will stand," Egbert said.

Nets larger than 500 square feet are prohibited by the 1994 Save Our Sealife Amendment to the Florida Constitution. The legislature, however, authorized the three-year tarp seine experiment in 1997.

Tarp seines consist of legal 500-square-foot net material with up to 600 yards of tarpaulin material sewed onto its sides, enabling fishermen to encircle more than seven acres of water.

"The FWC has considered the industry’s request to extend the pilot program; the Commissioners have heard staff input and public input," Egbert said. "They’ve discussed the issue at two Commission meetings and gathered all the information available and concluded the program should not continue."

The prohibition on large nets and certain other types of nets only applies in inshore and nearshore state waters.

"The general consensus is that the experimental tarp seine program was inconsistent with the constitutional amendment from the beginning," Egbert said. "Nonetheless, the Commissioners allowed tarp net supporters to raise arguments that it was constitutional or otherwise defendable."

CCA has opposed the tarp net program since its creation in 1997 as a violation of Florida’s constitutional netting restrictions. In addition to harvesting baitfish, it's been revealed that the huge tarps were being used to harvest food fish which had previously been prohibited by state statute.

FWC officials also reported concern about policy implications and fairness of allowing the tarp nets only in the six northwestern Florida counties on a continuing "experimental" basis. Although the 1994 constitutional amendment did not define "nets," both state law and Commission rule prohibit the use of the big tarp seines as standard fishing gear in inshore and nearshore Florida waters.

The red mangrove (Rhizophora mangle) is one of Florida’s most vital native trees. In addition to providing habitat within their tangled system of underwater roots, the leaves play an important role in the nutrient cycles of lagoons and estuaries. Within 36 hours of a mangrove leaf falling into the water, it becomes part of the food chain, serving as a food source for microscopic sea creatures. Nutrients from mangrove leaves have been found as far offshore as the Atlantic coral reefs.

Along Florida’s Space Coast less than a third of the original mangrove cover remains. Fortunately these trees are now protected and their numbers are starting to grow. For their numbers to reach what they once were, however, it will require a little help.

On April 29, Indian River Adventures, in cooperation with the Orlando Chapter of CCA Florida, Larry Webber with Keep Brevard Beautiful and the city of Cape Canaveral hosted a mangrove planting at Manatee Park in Cape Canaveral. Although the initial goal was to plant 1,000 red mangroves, the volunteers managed to give a new start to 2,000 trees. The plants were provided by Tom Stewart and his students from Rockledge High School’s Environmental Club. Since a single mangrove will be the home to over 10,000 fish during its lifetime of 20+ years, the volunteers made homes for as many as 20,000,000 fish. "We are going to try to make this an annual event for our chapter," said Mark Carter, Orlando Chapter President.

Food and drink for the day was provided by Publix, Winn Dixie and Yogi’s with help from the Brevard County Sheriff’s Department.

We are deeply appreciative of Mercury Marine for their continued support of CCA Florida conservation initiatives. Mercury donates two motors for every CCA Florida banquet.

The following business supporters are recognized for their significant contrubutions of $4,000 or more to local chapter banquets. They have our deepest gratitude for their support for the protection of Florida's marine resources.

	Mercury Marine
	Venture Marine, Mangonia Park
	Sandler O'Neill & Partners, New York
	Home Quality Managment, Inc., Palm Beach Gardens
	Action Craft Boats
	Daiwa Corporation
	Republic Security Bank, West Palm Beach
	Geary, Johnson & Pfeffer, P.A., West Palm Beach
	The Orvis Company
	Florida Sportsman Magazine, Stuart
	Pilot House Marina, Key Largo
	Nason, Yeager, Gearson, White & Lioce, P.A., West Palm Beach
	The Abbey Road Grill, Palm Beach Gardens