PTTS demands Florida Sportsman name names of its forum members

Silver King Entertainment Save The Tarpon Subpoena To Wick Enterprises, Inc. 1 Page 1

Click to enlarge image.

Southwest Florida boat dealer Gary Ingman and the outfit behind the Professional Tarpon Tournament Series are back in court again, this time in an attempt to force the owners of a popular online outdoors forum to publicly name names and fork over other personal information contained in its corporate database of more than 18,000 members and nearly 1.7 million posts.

The latest maneuver by Silver King Entertainment LLC in its protracted legal battle to silence Save The Tarpon Inc. and others critical of the PTTS surfaced November 12, 2013 in papers filed with the Charlotte County Circuit Court.

Port Charlotte-based Silver King is claiming Save The Tarpon, its directors and its more than 22,000 supporters worldwide have caused the televised Boca Grande Pass fishing tournament to lose more than $500,000 in sponsorship and other revenues since the tarpon conservation group’s efforts began in May of 2012.

MillerCoors, the signature sponsor of the PTTS through its Miller Lite brand, recently moved to sever its ties to Ingman’s controversial NASCAR-style, made-for-TV tournament after the Florida Fish and Wildlife Conservation Commission voted in September to outlaw a fishing method commonly used and promoted by PTTS participants throughout the event’s nine-year Fox Sports-affiliated cable television run.

SUBPOENA TO PRODUCE THINGS WITHOUT DEPOSITION
TO: WICK ENTERPRISES, INC.

YOU ARE COMMANDED to appear at Feldman Morgado, PA, 501 N. Reo Street, Tampa, Florida 33609 December 12, 2013 at 5:00 p.m. and have with you at that time and place the following:

1. Any and all documents, records, correspondence, legal documents, files and information regarding the user accounts of forum participants for user names RJ Kirker, WhiteBacon, Joey Buttons, OldHewes18Red, Jirvin70 and RestlessNative in connection with the website forums of http://forums.floridasportsman.com.

If you fail to appear, you may be in Contempt of Court.

Ingman and his Silver King partners are directing their current legal salvo at Wick Enterprises Inc., a Stuart, Fla. company that publishes Florida Sportsman Magazine and operates a companion Florida Sportsman Forum. The Florida Sportsman Forum is a widely-read online message board that hosts a broad range of candid member discussions centering on local and statewide fish and game topics.

In a two-page notice filed with the court, Ingman’s company revealed its intent to go after Florida Sportsman’s business records in an attempt to ferret out the identities of forum members who have posted comments critical of the PTTS and its methods.

The PTTS move comes close on the heels of a now-deleted Florida Sportsman Forum conversation that centered on certain documents offered up by the tournament’s lawyers as potential evidence in its lawsuit against Save The Tarpon and others.

The PTTS documents that triggered the short-lived forum discussion were, according to information posted to the Florida Sportsman site, found to contain links associated with sexually explicit and compromising material reproduced by the tournament’s host and general manager Joe Mercurio.

The PTTS is seeking to force Florida Sportsman to turn over private personal information about its forum members.

The PTTS is seeking to force Florida Sportsman to turn over private personal information about its forum members.

Following a brief, two-page discussion contained within a 2,068-post conversation boasting 108,569 views, Florida Sportsman moderators locked the thread and ultimately deleted all references to Mercurio and the compromising material turned over by the PTTS lawyers.

In apparent response, PTTS attorney Dennis A. Creed III of the Tampa area firm of Feldman Morgado P.A., is aiming his latest legal broadside at the Florida Sportsman Forum and six of its 18,000-plus hunting and fishing enthusiast members. His notice filed with the court, and the corresponding subpoena, both fall under Florida’s sweeping public access and broad open records laws.

His demand that Florida Sportsman produce the identities of its members, who traditionally post under so-called “screen names,” is a move likely to draw the interest and ire of online privacy advocates. Florida Sportsman could also opt to invoke privilege under Florida’s “Shield Law” in response to Creed’s forthcoming subpoena.

If Creed prevails in his bid on behalf of the PTTS to pry open Florida Sportsman’s books, the tactic also runs the obvious risk of creating a precedent-setting chilling effect.

There are, among the thousands of registered forum members, many who would likely be alienated or driven away by the potential prospect of having their personal and professional identities revealed if they permit their screen names to be attached to future Florida Sportsman forum posts.

Creed’s subpoena would give Wick Enterprises Inc. and Florida Sportsman until December 12 at 5 p.m. to turn over “any and all documents, records, correspondence, legal documents, files and information regarding the user accounts of forum participants.” Creed then identifies six of those forum members by their adopted screen names.

Creed also delivered a warning to Florida Sportsman’s owners, threatening that if they fail to turn over the forum member identities demanded by the PTTS and its lawyers by the December deadline, “you may be in contempt of court.”

Tarpon statewide snagging definition, gear rules in Boca Grande Pass changes effective Nov. 1

Tarpon Jig

Changes that will add language to the current statewide snagging definition for tarpon and modify what types of gear can be used when fishing in Boca Grande Pass will go into effect Nov. 1.

These changes will provide further protection for this iconic fish.

The first part of the adopted changes includes adding language to the snagging definition to prohibit catching or attempting to catch tarpon that have not been attracted or enticed to strike an angler’s gear. This change will apply to tarpon fishing statewide. The current definition for snagging or snatch-hooking is the intentional catch of a fish by any device intended to impale or hook the fish by any part of its body other than the mouth. Adding language specifying that gear must entice the fish to strike with, and become hooked in, its mouth will help further protect tarpon from the act of snagging.

The second part of the changes prohibits fishing with gear that has a weight attached to a hook, artificial fly or lure in such a way that the weight hangs lower than the hook when the line or leader is suspended vertically from the rod (see photo below). This change will apply to fishing for all species year-round within Boca Grande Pass.

If this prohibited gear is on board a fishing vessel while inside the boundaries of the pass, it cannot be attached to any rod, line or leader and must be stowed. This change will further reduce the likelihood that tarpon in Boca Grande Pass will be snagged.

These changes will provide further protection for tarpon.

To learn more, visit MyFWC.com/Fishing and click on “Saltwater,” “Recreational Regulations” and “Tarpon.”

Waterline publisher warns ‘defiant’ Mercurio, PTTS: Don’t ‘skirt the rules’

Josh Olive, Waterline Magazine, Southwest Florida

“That’s just not true,” Waterline Publisher Josh Olive tells PTTS host Joe Mercurio in response to Mercurio’s repeated complaints the FWC banned the jig “in spite of any scientific data.”

The publisher of an influential Southwest Florida outdoors magazine says the Professional Tarpon Tournament Series needs to do some “soul searching,” admit the now-illegal bottom weighted “jig” was, in fact, used by PTTS anglers to foul hook fish, and distance itself from what he says are efforts to “skirt the rules” designed to put an end to years of tarpon snagging in Boca Grande Pass.

Josh Olive, publisher of the Suncoast Media Group’s widely read weekly “Waterline” supplement, used his Thursday, Oct. 10 column to refute PTTS host and general manager Joe Mercurio’s repeated allegations that the Florida Fish and Wildlife Conservation Commission banned the controversial device “in spite of any scientific data … that indicates an abnormal amount of fish caught using the Boca Grande jig were being foul hooked or snagged.”

“That’s just not true,” Olive replied, noting that instead of accepting the opinions of recognized experts and the resulting 7-0 FWC vote to ban the device, Mercurio’s “tone has been rather defiant” and that the PTTS continues to base its opposition on an obsolete hook placement study that has been widely discredited by the scientific community and renounced by those it cited. (Read Joe Mercurio’s September 19th letter to the editor here.)

Joe Mercurio, PTTS Host

Read Joe Mercurio’s Sept 19 letter to the editor following the recent FWC ruling.

Olive, once a booster of both the PTTS and the jig favored by the TV tournament’s participants, used his weekly column to call for  Mercurio and his tournament to heed Save The Tarpon’s message. “Tell us you’re going into 2014’s tournament season with the right attitude: Respect the fish. Respect the Pass,” he wrote.

“Well, now we know. The Pass jig snags tarpon. The Pass jig snags tarpon! What remains to be seen is how former jig anglers cope with the loss of a very effective fish catching tool. Will they try to skirt the rules and develop new devices that adhere to the letter, but not the intent, of the law? Much of their reaction may depend on how the PTTS chooses to proceed,” Olive warned.

Olive might have reason to be concerned that a “defiant” PTTS could be attempting to “skirt the rules.”

Shortly after his pro-jig, pro-PTTS “Florida Tarpon Anglers Association” lost a pivotal procedural vote on the new regulations in June, the group’s vice-president Craig Abbott posted a photo to a PTTS-backed social media site that purported to show a jig clone Abbott claimed had caught two tarpon in 12 minutes.

Sea Hunt Boats representative and PTTS captain, Larry Jett, spoke out after the September FWC ruling.  Sea Hunts Boats is an official sponsor of the PTTS.

Sea Hunt Boats representative and PTTS captain, Larry Jett, commented on the PTTS Facebook page after the September FWC ruling. Sea Hunts Boats is an official sponsor of the PTTS.

A week later, part-time fishing guide Mike McCarty followed up with a post alleging “a start of full production is a couple of months out in order to have them for next season. There’s discussion of letting the PTTS reveal this new bait first. No worries there (sic) coming.”

Since then, the internet has been buzzing with rumors of experimental and “totally legal” lures designed to take over for the banned jig when the PTTS resumes next year.

On September 5, in the aftermath of the final FWC vote, the PTTS boasted on its Facebook page that “our world class competitors have already developed new artificial lure designs that have proven to be very productive, and we’re confident additional designs will continue to be developed.”

On the same day, Tampa fishing guide and Team Sea Hunt angler Rick Silkworth wrote “we are not going anywhere, the new jig is coming, mold is being made to poor (sic) new jig head.”

Capt. Dave Markett

Outspoken jig proponent and PTTS Team Power-Pole captain, Dave Markett, spoke out September 20 on Facebook.

More recently on September 20, high profile PTTS Team Power-Pole leader Dave Markett claimed the next generation jig was already on the market. Markett said the devices were being sold by a Tampa area tackle shop. He thanked the store “for already having a full rack of brand new and totally legal Boca Grande tarpon lures already on their shelves.”

“Welcome “Knockers” to our world,” Markett wrote. He then added “And the FOOLS thought we were whipped. Not quite, Not EVER!!”

Olive said that he had “searched his soul” as his opinion of the jig, the PTTS and Save The Tarpon evolved.

“The Professional Tarpon Tournament Series intends to go on, and I’m concerned that tournament organizers may not have done the same level of soul searching,” he wrote.

(Read Josh’s column here.)

PTTS general manager and host posted this quote to Facebook.

PTTS general manager and host posted this quote to Facebook.

Pro-jig Tallahassee lobbyist seeks clarification

Lane Stephens

Tallahassee lobbyist Lane Stephens lost his case before the FWC in September. He was hired by the pro-jig Florida Tarpon Anglers Association, a group closely tied to the Professional Tarpon Tournament Series. His pro-jig stance was also mirrored by the Coastal Conservation Association and the Florida Guides Association.

The following correspondence from Lane Stephens, a partner in the Tallahassee lobbying firm SCG Governmental Affairs, is dated October 2, 2013:

I need to point out a couple of inaccuracies in your report of the vote on the jig in Pensacola.

First, I never “demanded” that the FWCC hold workshops. I made a request, on behalf of my client, the FTTA, that workshops be held. This is allowed by Chapter 120, Florida Statutes. After the initial publication of a notice of proposed rule development (which occurred in August), affected parties are allowed to request public hearings. My request was not out of the ordinary and was not a demand.

Second, you indicated that “lobbyist” Tim Atkinson represents the Florida Tarpon Anglers Association. This is not true. He is an attorney and is not registered to lobby for FTTA, and he has never represented FTTA legally or as a lobbyist. Please do not attribute his statements that he made on behalf of his client to my client, or try to insinuate that he speaks for FTTA, or that my comments to the Commission are in any way associated with him.

Lastly, I never threatened the Commission with any of my comments regarding potential action that could occur. I respectfully pointed out that Florida law allows small businesses certain protections during the rule development process, and in my opinion, FWCC failed in its economic analysis of the potential impact of this rule.

I would appreciate your correction of this misinformation on your website.

(Editor’s note: Save The Tarpon stands by its reporting.)

Oertel, Fernandez, Bryant Atkinson, P.A. Environmental Law, Regulatory Law, Administrative Law, Governmental Law, Licensing Attorneys Counselors

Excerpt from Mr. Atkinson’s bio on the Oertel, Fernandez, Bryant & Atkinson website. Note the last sentence.

 

Join us for happy hour

Happy Hour InviteWe hope you’ll be joining us this Thursday, September 26 at 5:30 pm as we enjoy a a few cocktails together at Zydeco Grille in Placida.  Nothing fancy and you’ll have to buy your own food (you can thank the ongoing and still ridiculous PTTS lawsuit for that).  But the drinks are buy-one-get one until 6pm and Save the Tarpon will be providing a champagne toast to help celebrate.

Its hard to believe how much has been accomplished since May of 2012.  Don’t you think its time we get together and have a little fun? We do.  Hope to see you there.

Zydeco Grille is a Cajun & Creole restaurant and is located at 8501 Placida Road in the Cape Haze Plaza in Placida FL.

Sorry, Joe – but the FWC vote really does change everything

By Bill Bishop

Anyone who says the vote didn’t change a thing is living in a dream world. The vote changed everything, including how the angling community and business owners will view violators in the future.

PTTS Host, Joe Mercurio, poses next to the Hooters sponsored team boat.

PTTS Host, Joe Mercurio, poses next to the Hooters sponsored team boat.

One thing I’ve learned over the years is the importance of a person’s reputation. Without that, success is virtually impossible.

The “success” of the Professional Tarpon Tournament Series is no different. The way I see it, the unanimous vote sent a message throughout the state and beyond that the commissioners believed the evidence brought before them was credible and something needed to be done to stop snagging. They were and will remain dead serious about this.

Anyone who says the vote didn’t change a thing is living in a dream world. The vote changed everything, including how the angling community and business owners will view violators in the future.

I recall a quote, “we won’t stop until we are told to stop.” They were just ordered to stop by the FWC commissioners. They were previously told they must stop gaffing, roping, dragging and weighing fish. They have now been told they must stop using the jig designed to snag fish.

They must also stop bypassing the process of enticing a fish to strike the lure. Earlier this month, the unanimous vote in favor of the proposal – and the change of the definition – changed everything. Any attempt to re-invent a lure that meets the guidelines – but is still used to snag fish – will be dealt with swiftly. Any attempt to sidestep the law will be done under a microscope and in the light of day.

Left to right: Capt. Mark Futch, Dr. Aaron Adams, Capt. Tom McLaughlin, and Mr. Bill Bishop.

Bill Bishop, at right, with (from left) Capt. Mark Futch, Dr. Aaron Adams and Capt. Tom McLaughlin.

Yet, here we have PTTS host Joe Mercurio was quoted in the Sarasota Herald-Tribune as saying: “We’re Americans, we’re anglers, we’re adapters, we’ll find a way, we’ve already found a way. If anything, this has united some of our fishermen in using the new baits that we can use.”

How about this, Mr. Mercurio? The WAY is to realize that at the very core of honest angling is the art of enticing a fish to strike. It takes a lifetime to master this art. Those who have bypassed this art by way of snagging fish have wasted time that could have been used to learn and become more proficient as anglers.

The WAY isn’t easy. It’s complicated and challenging, but it is also one of the most gratifying experiences a person can have.

Not one thing that lives inside an honest angler has anything to do with harming the fishery or offending other anglers. At the end of each day I know whether I fished well or not. I know if my conduct was becoming. I know if the decisions I made were fair and honest.

I also ask if a young budding angler looked at me – would I be a good example to follow or not? Adapting… to me means to continue to improve my skills as an angler while staying within the boundaries of good sportsmanship and fair play.

We have already found a “way” as well. It’s called angling. If you haven’t tried it, you should.

(Bill Bishop is a noted wildlife artist and an ardent tarpon angler. He is the author of “High Rollers: Fly Fishing for Giant Tarpon” published in 2008.)

FWC votes 7-0 to ban controversial ‘tarpon jig’ in Boca Grande Pass

Yes, there was a little celebrating to do Thursday in Pensacola after the FWC's historic vote to ban the bottom weighted jig in Boca Grande Pass. And yes, we were there. In numbers.

Yes, there was a little celebrating to do Thursday in Pensacola after the FWC’s historic vote to ban the bottom weighted jig in Boca Grande Pass. And yes, we were there. In numbers.

This time it wasn’t even close.

After narrowly surviving a preliminary vote in June, a regulation banning the use of bottom weighted “tarpon jigs” in Boca Grande Pass was adopted by a unanimous vote Thursday, Sept. 5 by the seven-member Florida Fish and Wildlife Conservation Commission in Pensacola.

The new rule will take effect on November 1. Despite some initial confusion over which way Panama City lawyer Adrien “Bo” Rivard had actually voted, the final tally was eventually set at 7-0. Bottom line, it passed.

Before adopting the Boca Grande “jig” ban on Thursday, the commissioners shot down an 11th hour bid by Florida Tarpon Anglers Association lobbyist Lane Stephens who sought to delay action on the proposed rule by demanding the FWC first hold a series of public workshops and conduct an economic impact study prior to voting on the measure.

By land, by sea and by air. Save the Tarpon board members traveled to Pensacola to attend the FWC Commission meeting. From Left to Right: Capt. Mark Futch, Capt. Frank Davis, Capt. Tom McLaughlin, and Capt. Chris Frohlich

By land, by sea and by air. Save the Tarpon board members traveled to Pensacola to attend the FWC Commission meeting. From Left to Right: Capt. Mark Futch, Capt. Frank Davis, Capt. Tom McLaughlin, and Capt. Chris Frohlich

Stephens, speaking for FTAA vice president and Professional Tarpon Tournament Series angler Craig Abbott, unsuccessfully repeated his “economic impact” argument later in the meeting. “The assumption that jiggers can easily switch to another lure isn’t true,” Stephens said, adding that adoption of the rule would put many of his fishing guide clients out of work.

Responding to Stephens and his claim that “a ban on this tried and true method used by 65 fishing guides” could cost the state an estimated $8 million annually, Save The Tarpon Inc. Chairman Tom McLaughlin noted that the potential impact on a few dozen guides pales in comparison to the big picture.

“We don’t regulate on the effectiveness of a method of fishing. There is substantial evidence saying that by not acting, this could result in the loss of the fishery.”

“In my lifetime I’ve seen several regulations that decreased the effectiveness of certain fishing techniques,” he said. “We don’t regulate on the effectiveness of a method of fishing. There is substantial evidence saying that by not acting, this could result in the loss of the fishery.”

Commissioner Ken Wright agreed. “When you consider the effectiveness of a device or method, if it’s indeed snagging then it shouldn’t be a consideration at all,” Wright said. “This rule is not intended to change human behavior, it’s designed to protect a fish that lives to be as old as 80-years-old.”

But the jig lobbyist hinted that his clients might not be done despite losing Thursday’s vote. Stephens noted that state law “allows small businesses impacted by a rule to challenge (the FWC’s) findings.” In June, a lobbyist representing the same group and the PTTS threatened the commissioners with a lawsuit and budget cuts if the jig ban was adopted. That lobbyist, Tallahassee attorney Timothy P. Atkinson, did not appear at Thursday’s meeting.

The majority of those who spoke at Thursday’s meeting were individual anglers or representatives of a number of groups who urged the commissioners to adopt the anti-snagging regulations. Representatives of the Coastal Conservation Association and the Florida Guides Association voiced their opposition to the measure.

Following the meeting, McLaughlin said a lot of hard work went into the effort to ban the jig. “Our more than 21,000 supporters and their combined voices clearly made a difference. This has been a long time coming, and our members and supporters, our core group of volunteers, the Boca Grande Community, the people of Florida and the people around the world who embraced this cause finally made it happen,” he said.

“The FWC’s action today is more than just a message, it’s a historic step forward in protecting this iconic fishery for generations to come.”

UPDATED: The Professional Tarpon Tournament Series, via its Facebook Page, has issued a response to the FWC’s vote to ban the bottom weighted hook favored by its competitors.

In an apparent contradiction to the “economic impact” argument put forward by lobbyist Lane Stephens on behalf of the Florida Tarpon Anglers Association and its vice president Craig Abbott, the PTTS statement predicted no economic problems for the tournament or its anglers.

“This ruling will have no impact on the future of the PTTS. As demonstrated during this past season, our world class competitors have already developed new artificial lure designs that have proven to be very productive, and we’re confident additional designs will continue to be developed that meet the new definitions. In addition, anglers will still be able to utilize live bait,” according to the PTTS.

Stephens, however, told the seven commissioners that “the assumption that jiggers can easily switch to another lure isn’t true.” Stephens also predicted adoption of the rule would put many of his fishing guide clients out of work.

Meeting Notes

What’s the score? 6-1? 7-0?

Florida has a long history when it comes to counting votes. Thursday’s FWC meeting was no exception – minus the “hanging chads,” that is.

So, was the vote 6-1 or 7-0? While the math wouldn’t have changed the outcome, the actual tally remained a mystery for about five hours on Thursday. It took FWC Marine Fisheries Management spokesman Amanda Nalley, who initially said 6-1 based on what she saw on the record, to solve the numbers puzzle by going directly to the source.

Why the confusion? When the vote was called, there was some question whether commissioner Adrien “Bo” Rivard had been a yea or a nay. Sensing this, Rivard apparently replied “no, I’m with you guys.” Unfortunately, the clerk only heard the “no” part, and Rivard became the “one” in a vote that was officially recorded as 6-1. Meanwhile, new FWC Chairman Richard A. “Dick” Corbett was thanking the commissioners for their “unanimous” vote.

With her cell phone overheating from media calls all asking the same question, Nally said FWC staff eventually decided to take the bull by the horns. They asked Rivard. And the vote went from an official 6-1 to an unofficial unanimous. But even though the Boca Grande rule is a done deal, it appears Rivard will have  to wait until November 20 when the FWC meets in Ft. Lauderdale to correct his vote and officially close the book on this one.

So, if you read somewhere that the vote was 6-1, it was. Even though it was actually 7-0. It’s a Florida thing.

Are we still in Florida?

Many local supporters of the FWC’s rule banning the bottom weighted hook had no choice to make the 520 mile trek across the state to Pensacola for Thursday’s meeting. But for Ryan Hawks, the Crowne Plaza Pensacola Grand Hotel was little more than a commute. Hawks, an avid angler and supporter of Save The Tarpon’s efforts, lives in nearby Fort Walton Beach. Needless to say, his 41 mile drive was the envy of everyone with a Southwest Florida Zip Code.

Ryan made an effective local case – local for those in the Central Time Zone, that is – for the new anti-snagging rules. “On behalf of all the tarpon anglers in the area, we strongly endorse the proposed gear restrictions,” he told the commissioners. “We share the same fishery. As the Pass goes, so goes the entire fishery.”

On the other hand, when tarpon season rolls around next year, Ryan gets to make the 520 mile drive to Boca Grande Pass. But no matter. Pensacola, and those 520 miles, turned out to be well worth the trip.

Judge guts PTTS lawsuit against Save The Tarpon, orders owners to put up or pay up

Judgefoster2

Judge Joseph G. Foster, pictured, ordered the owners of the PTTS  to pay Save The Tarpon $200 for failing to turn over financial records and sponsorship deals to the group’s lawyers. The fine goes up by $500 late next week if the tournament’s owners don’t comply.

Professional Tarpon Tournament Series principal owner Gary Ingman found himself watching helplessly from the sidelines Wednesday as a Charlotte County Circuit Court judge gutted his company’s lawsuit against Save The Tarpon Inc., dismissed all of Ingman’s claims against the group’s officers, and then ordered the PTTS owners to fork over $200 in sanctions for violating the court’s rules governing discovery and the production of records.

In addition to dismissing Save The Tarpon’s directors from the lawsuit filed in May by Silver King Entertainment LLC, which owns and operates the PTTS, Judge Joseph G. Foster hit the plaintiffs with a $200 assessment for attorneys’ fees for failing to turn over documents demanded by Save The Tarpon’s attorneys.

Foster gave the owners of the PTTS until Friday, September 6, 2013 to produce the records. If the PTTS ownership doesn’t meet that deadline, Foster said he would up the sanction by an additional $500.

Lawsuit Failed

The records the PTTS owners have been ordered to turn over to Save The Tarpon include all tax returns and financial statements for the past several years. Silver King is also being forced to produce its corporate sponsorship agreements as well as copies of its rules and regulations, along with any and all correspondence with the Florida Fish and Wildlife Conservation Commission. The FWC is poised to adopt a rule in September that would restrict the use of bottom weighted hooks in Boca Grande Pass. This rule would apply to the so-called “pass jig” favored by PTTS competitors.

Save The Tarpon’s counsel Brian M. Beason, a partner in the Port Charlotte law firm of Frohlich, Gordon and Beason, argued the group’s case before Judge Foster on Wednesday. Beason said Judge Foster’s decision to sanction Silver King was significant, and that he would “absolutely” be seeking reasonable attorneys’ fees from Silver King at the conclusion of the case. Beason said both Ingman and PTTS host and general manager Joe Mercurio are being scheduled to be deposed under oath. Additional depositions are likely, he said.

While Foster is allowing Silver King’s case against Save The Tarpon Inc. to move forward for the present, Beason noted that Silver King has already had to correct numerous deficiencies in its lawsuit—including filing the case in the wrong venue and misidentifying its own corporate name.

Carl Hiaasen: Gov. Rick Scott, clueless to crisis in our environment

This article was originally published in the Miami Herald on August 24, 2013. 

By Carl Hiassen

Lake O water releasesGovernor Clueless showed up the other day for a photo-op at the St. Lucie Lock and Dam.

The mission was to display concern over the billions of gallons of cruddy water being dumped from Lake Okeechobee into the St. Lucie River, a criminal act of pollution that’s poisoning the St. Lucie Estuary and Indian River Lagoon.

Hundreds of demonstrators, many worried about their jobs, showed up at the dam. Rick Scott didn’t stop to talk to them.

He spoke for a short time to the media, saying he wants to spend $40 million on a reservoir to filter some of the runoff before it can reach the estuary.

He blamed the Army Corps of Engineers for moving too slowly to upgrade the old Herbert Hoover Dike around Lake Okeechobee. He also blamed Congress for failing to release the money committed for Everglades restoration projects.

The governor wasn’t so chatty on the subject of Big Sugar, which has donated a pile to his political action committee with the goal of getting him reelected.

A major reason all that lake slop is being pumped toward the residential areas of both coasts (the Caloosahatchee River carries it west) is that the cane growers don’t want it pumped in their direction.

Fearful that the dike will give way, the Corps drains Lake Okeechobee when water levels get high. Last week, the outflow was reduced from 3.1 billion gallons a day to about 1.8 billion gallons a day, still a massive deluge from what is basically a giant latrine for agricultural waste.

Since the most recent discharges from Lake O began in May, more than 1 million pounds of nitrogen and 260,000 pounds of phosphorus have been flushed into the St. Lucie River and on to the estuary.

Now we get to watch Scott, another Republican whiner about federal spending, bash the feds for not spending enough and not spending it fast enough. Somewhere in the folds of the governor’s brain has stirred a fuzzy awareness that clean healthy water is really important to Floridians, and also essential to the economy.

Ask the commercial fishermen in Stuart, the marina operators, the boat builders, the hotel owners and the restaurateurs. Ask the real-estate agents who are trying to sell waterfront lots on smelly, discolored water.

Already in crash mode is the Indian River Lagoon, which runs north from Jupiter Inlet to beyond the Kennedy Space Center. Algae blooms have decimated vast acres of sea grass, and experts suspect the outbreak was triggered by accumulated fertilizer runoff and leakage from septic tanks in Brevard and Indian River counties.

Sea grasses are the nursery for juvenile game fish and shrimp, without which the food chain collapses. At least 280 manatees have died in Brevard during the last year, along with an unusually high number of pelicans and bottlenose dolphins.

Scientists haven’t pinpointed the cause, but there’s no disagreement that the last thing the lagoon needs is a nonstop gusher of foul substances from Lake Okeechobee.

Lake O water releasesScott isn’t wrong when he says the federal government is way behind on Everglades funding. Restoration was supposed to be a 50/50 deal with Uncle Sam, but for many years Florida has been spending more than its share.

The main obstacle is Congress — particularly Scott’s own party.

After years of diddling, the Senate finally approved money for a new water bill last spring. Among the 13 senators voting against it was Marco Rubio, who has evidently forgotten which state he was elected to represent.

Soon the House will take up the water legislation, and watch what happens when Rubio’s tea party soulmates get their hands on it.

The fastest way to stop destroying the St. Lucie Estuary is to pump the toxic water from Lake Okeechobee elsewhere, south through waterways along the cane fields and other farmlands.

That’s unlikely to happen, because Big Sugar gives too much money to the campaigns of key Republicans and Democrats.

Sugar companies can afford to be generous because they’ve been slurping at the public trough for decades, their profits multiplied by federal price supports. During the 2012 election cycle, the industry spent $3.6 million on campaign donations, even more than Big Tobacco.

In fact, the sugar growers are so rich they could afford a special tax to expedite repairing the 143-mile dike around Lake Okeechobee. Make it strong enough to hold all that water during rainy season, protecting not only their precious crops but also the thousands of jobs that depend on clean rivers and bays.

That, of course, won’t happen either.

The governor’s low-voltage response to the crisis is to blame the feds and spend a few minutes up on a dam. No sense of urgency, no sign of the outrage that families and workers on both coasts are feeling.

In the short time it took you to read this column, about 5 million gallons of gunky water was flushed out of Lake Okeechobee, toward somebody’s shore and somebody’s home.

Somebody who votes.

 

Tweed Roosevelt speaks out in support of gear restrictions for Boca Grande Pass to protect tarpon from snagging

Conservation quote from Theodore Roosevelt.Last week, Tweed Roosevelt,  the great-grandson of President Theodore Roosevelt, sent a letter to FWC’s seven Commissioners urging them to adopt the proposed rule amendments for tarpon and Boca Grande Pass gear restrictions.  The final public hearing for these proposed rule amendments will take place during the September 5 Commission meeting in Pensacola, Florida.

The proposed rule amendments would modify the existing snagging definition for tarpon statewide and prohibit anglers from attaching a weight to the bottom of a hook while fishing within the boundaries of the Pass.  Save the Tarpon believes these rules are a vitally important way to help protect the health of the Boca Grande Pass tarpon fishery.  We couldn’t more pleased that Mr. Roosevelt agrees with us.

Here is the letter:

August 14, 2013

Florida Fish & Wildlife Conservation Commission
Ferris Bryant Bldg.
620 S. Meridian St.
Tallahassee, FL 3399-1600

Dear Commissioners, 

I understand that you are considering various alternatives for regulating the Boca Grande Jig.  I know a little about the controversy but not in depth.  Others who are far more knowledgeable will address the specific issues relating to this.  My purpose is to provide some context for making the decision as to what is best for all parties concerned based on my great grandfather Theodore Roosevelt’s leadership applicable to situations such as this.

TR’s approach is relative simple, straight forward, and sensible.  He saw that there are two fundamental approaches that are not mutually exclusive but both have their place – preservation and conservation.  An easy way to understand the difference is to compare the National Park service to the U.S. Forest Service.  Parks are meant to be preserved in a state altered as little as possible by man.  Forests are meant to be conserved so they may be a continuing source of natural resources from generation to generation.  A relatively small portion of the land should be preserved and by far the greater amount conserved. Theodore Roosevelt

In situations requiring conservation, the issue is always one of balance.  How much should be consumed today and how much saved for tomorrow.  One can always argue where the line should be drawn, and these are legitimate arguments, but the extreme and illegitimate positions are usually clear and inappropriate.  TR understood this but usually felt we should err on the side of protecting future generations, as the immediate benefits are so attractive that they can cloud our vision.

The Boca Grande Jig issue is clearly one that falls into the conservation side.  The job of the Commissioners is to decide whether or not the Jig is sufficiently destructive to require it banning.  Others will make the various arguments.  I urge you to remember TR’s wise approach to these kinds of problems and rule accordingly.  I think it is very clear where he would stand on this issue, that is saving the species for future generations so they can enjoy the fishery and I hope you will live up to his standard.

Best,

Tweed Roosevelt 

Tweed Roosevelt (born September 9, 1942) – The great-grandson of President Theodore Roosevelt via Roosevelt’s son Archie. He is Chairman of Roosevelt China Investments, a Boston firm. He occasionally lectures and writes on the topic of his great-grandfather. He is the President of the Board of Trustees of the Theodore Roosevelt Association.

Theosore Roosevelt (1858 – 1919) – The 26th President of the United States, Theodore Roosevelt embodied the conservative values of personal responsibility, hard work and prudence. He abhorred waste and sought to protect capitalism from the excesses of greed. He believed that conservation was essential for keeping America strong. Roosevelt was a champion of the Burkean ideal that a moral partnership exists between present and future generations. That view helped instruct his passion for conserving America’s natural resources.