The ‘banned’ Facebook video: Capt. Artie Price hand-feeds a live tarpon to a pack of sharks


The video appearing here was initially posted to Capt. Artie Price’s Facebook page late last month. Save The Tarpon re-posted the video to the group’s own 30,000+ follower page. In a few days, the video drew more than a half million views along with thousands of comments, shares and “likes.” Price and his video had clearly gone viral. Not everyone was pleased. Within hours, Price had scrubbed the video from his and other Facebook pages. But he and his friends didn’t stop there.

The video, shot by a client aboard Price’s boat, graphically shows Capt. Price feeding what appears to be a juvenile tarpon to a pack of sharks in Boca Grande Pass in mid-May. After about 10 days online, the video was removed by Facebook as too gory, grizzly, graphic and gruesome for the social media platform’s “community standards.” It was too late.

In addition to those 500,000+ views, a number of brands that had one “proudly” sponsored Price, his guide service and his tarpon fishing team promptly withdrew or renounced their support. Florida Fish and Wildlife Conservation Commission officials wrote that they were outraged by what they witnessed happening in the video. The FWC’s Internet Crimes Division has launched an investigation. Save The Tarpon has been in contact with investigators and will continue to pursue and provide updates.

Ingman, PTTS walk away from $500,000 lawsuit against Save the Tarpon

FireShot Capture 5 Outlook

After a nearly three year battle waged in two counties and before three judges, the PTTS surrendered in a two-paragraph motion to dismiss on Monday.

After seeing its case gutted and its lawyer publicly called out by a Charlotte County judge, the owners of the Professional Tarpon Tournament Series capitulated and walked away from its nearly three year old lawsuit aimed at silencing Save the Tarpon and the group’s more than 28,000 supporters. The sudden PTTS surrender on Monday came less than 24 hours before the case was set to go before a jury the following morning.

Silver King Entertainment LLC, headed by Port Charlotte boat dealer Gary Ingman and his front man Joe Mercurio, had sued Save the Tarpon and its officers for $500,000 in losses it attempted to claim were pegged to the group’s boycott and other efforts aimed at preserving and protecting the Boca Grande Pass tarpon fishery. Ingman and Mercurio’s Silver King owns and operates the controversial Professional Tarpon Tournament Series, a NASCAR-style fishing event described by its lawyer as a cable TV reality show.

Following a brief hearing Monday (November 16, 2015) in Charlotte County court, Silver King’s Tampa attorney Dennis Creed – who had unsuccessfully sought to withdraw from the case following a string of preliminary losses the previous week – filed a terse two paragraph motion dismissing the lawsuit, ending a protracted and costly legal battle that had drawn the attention of free speech and First Amendment advocates nationwide.

Save The Tarpon was represented by Punta Gorda attorney Tauna Bogle. It is anticipated Bogle will pursue costs, fees and additional recovery against Silver King and others who could be found personally and jointly responsible – along with their businesses – for bringing the ill-fated lawsuit. Although an amount has yet to be determined, estimates place Save the Tarpon’s potential claim at more than $200,000.

“I am extremely proud of Save the Tarpon and the individuals named in this lawsuit,” Bogle said. “Like the Minutemen and those who founded our nation many years ago, they stood their ground and refused to back down. They stayed true to what was right. They held firm to their mission to protect the tarpon fishery and to exercise the right we all share – our constitutional right to free speech and assembly.”

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Frank Davis and Tom McLaughlin celebrate Monday’s win at a local watering hole.

Save the Tarpon had characterized Ingman and Mercurio’s case against the group as a Strategic Lawsuit Against Public Participation, a tactic outlawed by the Florida Legislature in July. A SLAPP suit’s purpose is to silence opposing voices by dragging them through the courts with frivolous claims and endless delays as the costs continue to mount. The side with the most money, not the most merit, typically prevails. In testimony taken prior to the scheduled trial date, Ingman and others associated with the PTTS and Ingman Marine admitted the lawsuit’s goal was to silence Save the Tarpon.

The local community and the group’s supporters worldwide were quick to rally to Save the Tarpon’s defense. In one instance, the group raised $25,000 in less than two weeks in an online funding campaign as the case crawled through two courthouses and three judges – including a botched bid to have the case tried in Sarasota County where PTTS TV host Joe Mercurio’s father sits as a judge.

Judgefred

Judge Frederick P. Mercurio’s week wasn’t much better than his son’s. The Sarasota County judge found himself under investigation for shoplifting. Police declined to press charges after learning their suspect was, in fact, a judge.

The elder Mercurio was recently investigated for shoplifting a snack from a convenience store. Police declined to press charges against the judge who frequently presides over criminal matters brought before him by law enforcement.

“The PTTS tried to stifle this group’s right to free speech, but the community stood behind Save the Tarpon and said ‘no, our voices will not be silenced’.” Bogle added. “Because of their unwavering stance, free speech is alive and intact in Charlotte County. The tarpon will remain protected in Charlotte Harbor and Boca Grande Pass.”

At an upbeat gathering of board members, supporters and others held in the aftermath of Ingman’s capitulation earlier in the week, Save the Tarpon Chairman Tom McLaughlin – who was among a number of community members individually and seemingly randomly targeted by the PTTS lawsuit – echoed Bogle’s characterization of the PTTS case.

“This case was ultimately about free speech and the growing threat these frivolous SLAPP suits pose to your right, our right, to speak up and speak out on matters of public policy that are vital to this community and, in a larger sense, this nation. The danger is real, and what happened with us could happen to anyone. But this week the good guys won, the people of Boca Grande won and the people of Charlotte County won. ”

McLaughlin said it was his belief there was an expectation within the PTTS ranks that Save The Tarpon would roll over, be silenced and abandon its efforts to preserve and protect Charlotte Harbor and the iconic Boca Grande Pass tarpon fishery.

“Ingman, Mercurio and the PTTS underestimated Save The Tarpon’s resolve as evidenced by efforts to caricaturize us as little more than a ragtag mob of unsophisticated dolts,” he said. “It’s no secret Mercurio fancies himself as some sort of make-believe barracks lawyer who likely convinced Ingman that Save the Tarpon would cave in and go away the moment those lawsuit papers were served. It didn’t happen. Instead, it was Ingman and Mercurio who did the caving and the going away.”

In the 18 months following Save the Tarpon’s formation, the PTTS found itself on the receiving end of a sophisticated social media and public advocacy effort that resulted in nearly all of the tournament’s sponsors – including beer giant MillerCoors – disassociating their name and withdrawing their support from the televised tarpon tournament. Save the Tarpon also spearheaded efforts to end the PTTS practice of gaffing and dragging tarpon, and was successful in having the “PTTS jig” banned as a foul-hooking device employed by many tournament participants.

“We didn’t drive sponsors and PTTS participants away, we simply showed them what was happening in Boca Grande Pass and what they were underwriting,” McLaughlin said. “Most didn’t know. And they shared our outrage once the truth was explained to them by us, by the Florida Fish and Wildlife Conservation Commission and by some of the world’s most noted tarpon experts. The PTTS didn’t like what was being said so they retaliated with a frivolous lawsuit designed to spend us into submission. They clearly didn’t anticipate the community’s response to this attempted tactic. Unfortunately, it took Ingman, Mercurio and their lawyers nearly three years to figure out that their SLAPP suit wasn’t working.”

McLaughlin said the PTTS and its lawyers knew or should have known the lawsuit had no possible expectation of success. In a landmark ruling dating back to the civil rights struggle of the 1960s, the Supreme Court held that a lawful boycott similar to Save the Tarpon’s effort was a fundamental and essential right. “History and the law were against them from the start. They brought this lawsuit in the knowledge they had little or no chance of prevailing. And, as every lawyer was taught, that’s pretty much the definition of frivolous. And when we get to fees and costs, that’s what we’re clearly going to show based on the evidence, the PTTS’ own admissions and long-established law. It’s kinda hard to win when you have the United States Supreme Court standing in your way.”

McLaughlin noted that “the right to speak freely is the first among our rights. This is something every citizen, every Southwest Florida editorial board, every organization that advocates for a cause clearly understands. There is an opportunity for a statement to be made by the court that this nonsense won’t be tolerated here in Charlotte County.”

Prior to Monday’s decision by Creed and the PTTS to walk away from the case, Judge Lisa Porter had summarily tossed defamation and conspiracy claims against Save the Tarpon and removed a number of individual defendants for Silver King’s failure to make a case against them. One former defendant, Boca Grande Area Chamber of Commerce Executive Director Lew Hastings, was sued simply because he posed for a photograph with McLaughlin. McLaughlin, along with board members Frank Davis and Mark Futch, were the only remaining individual defendants when Creed dismissed the suit.

Creed dropped the two remaining counts of contractual interference in his motion to the court on Monday. Neither Ingman or Creed have responded to media attempts to obtain comment. Mercurio texted Save the Tarpon with a demand no contact be made.

 

Slapping back at the SLAPP-happy PTTS

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A SLAPP suit is a perversion of the legal system eagerly embraced by Gary Ingman and the PTTS.

Eighteen months ago, the owners of the Professional Tarpon Tournament Series and their big money lawyers lodged a retaliatory lawsuit against Save The Tarpon, its directors and a number of people they seemingly picked at random from the phone book.

The PTTS action quickly revealed itself to be little more than a transparent ploy – one largely bankrolled by Gary Ingman, his Port Charlotte boat emporium and its unwitting customers – commonly known as a Strategic Lawsuit Against Public Participation.

A SLAPP Suit is a tactic of last resort typically employed by deep pocket plaintiffs, a maneuver designed to spend advocacy groups like Save The Tarpon into submission by endlessly dragging them through the court system – and keeping them there until they ultimately run out of money.

Two counties and two judges later, that’s where Save The Tarpon finds itself. The people who brought us gaff and drag, the Boca Grande Pass snag hook, the wrap boats, the Spandex ballet and, of course, the “controlled chaos,” have now brought us dangerously close to the point where our ability to SLAP(P) back could be in jeopardy.

The Public Participation Project is a non-profit coalition dedicated to enacting anti-SLAPP laws. The group has assembled an excellent primer entitled “FAQs About SLAPPS.” Take a moment to check out why these PTTS-style lawsuits are so potentially destructive:


1. What is a SLAPP?

The rights to speech and petition are enshrined in the First Amendment to the United States Constitution. Free speech and healthy debate are vital to the well-being of a democracy. In fact, the United States Supreme Court has said that the right to petition the government is the very foundation of our democracy.

SLAPPs are Strategic Lawsuits Against Public Participation.  These damaging suits chill free speech and healthy debate by targeting those who communicate with their government or speak out on issues of public interest.

SLAPPs are used to silence and harass critics by forcing them to spend money to defend these baseless suits.  SLAPP filers don’t go to court to seek justice.  Rather, SLAPPS are intended to intimidate those who disagree with them or their activities by draining the target’s financial resources.

(Read More …)

‘The assumption that jiggers can easily switch to another lure isn’t true’

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Florida Tarpon Anglers president and Simrad representative Mark Maus.

On September 5, 2013, Tallahassee lobbyist Lane Stephens addressed the seven members of the Florida Fish and Wildlife Conservation Commission in Pensacola prior to their unanimous vote to outlaw the so-called “Pass Jig.”

Stephens spoke in opposition to the rule on behalf of Florida Tarpon Anglers Association vice-president and Professional Tarpon Tournament Series angler Craig Abbott as well as FTA president Mark Maus, a tournament angler best known for his association with Simrad Yachting and its parent company Navico

In his remarks to the FWC eight months ago, Stephens predicted exactly what we’re seeing happening today in Boca Grande Pass. His words were prophetic.

The assumption that jiggers can easily switch to another lure isn’t true,” he told the commission.

With the apparent blessing of Abbott, Simrad’s Maus, the PTTS (“our world class competitors have already developed new artificial lure designs“) and others, Mr. Stephens told the commissioners exactly what they could expect. And he put his prediction on the record.

The assumption that jiggers can easily switch to another lure isn’t true.

As Mr. Stephens promised eight months ago, his prophecy has come true. Painfully true. And, as the PTTS also promised when the tournament put the FWC on notice following the jig ban vote, “we’re confident additional designs will continue to be developed.” Designs developed for anglers who, as their own lobbyist admitted, can’t “easily switch to another lure.” We’ll let you connect the dots.

It appears we’ve found two promises Abbott, Maus and the PTTS have had absolutely no trouble keeping.

 

Parents & Kids Beginning Fishing Seminar – February 1, 2014

Through this seminar, we hope to help educate families who may not have any prior fishing experience, or may not have any local fishing excperience, to have the confidence to explore many of our regions public fishing areas with the confidence and skills necessary to have fun and find success.

Enjoying a day of fishing with your child is a wonderful experience not to be missed by any family residing in Southwest Florida. Through this free seminar, we hope to provide basic angling skills to families with young children so they may begin to explore our regions public fishing areas with confidence and success.

Date: Saturday, February 1, 2014
Time: 10 am to 12 pm
Location:  Boca Grande Community Park (If there is rain, the event will be held indoors at the Boca Grande Community Center)
Directions
Cost: The cost to participate is free, but space is limited.
Extras: Every child attending will receive a rod, reel and tackle courtesy of Save the Tarpon.
How to sign up:  Please fill out the form at the bottom of the page to reserve your spot in this free fishing seminar.  There are 20 spots available for this first seminar.  Each spot is for one child and one accompanying adult.

Save the Tarpon is presenting a free fishing seminar for parents or grandparents to bring their children or grandchildren and learn basic angling skills from some of the areas most respected fishing guides. The guides will work both with the children, and their parents, to provide adequate knowledge for a successful family outing at one of the many public fishing areas found in our region.  We also hope to encourage participation in the local youth fishing tournaments sponsored by Lee County Parks & Rec, by providing the skills and education necessary to form confident young anglers. (For more information on the Youth Fishing Tournament, please contact Joe Wier at (941) 964-2564 or jwier@leegov.com.)

The event is free and open to the public. No prior fishing experience is necessary (its actually preferred).

Leading the seminar is Capt. Frank Davis, Capt. Van Hubbard, Capt. Tom McLaughlin, and Capt. Rhett Morris. The Captains will be available to answer beginner fishing questions.

Topics covered during this fun and informative two hour session include: how to pick out the right gear and tackle, what kinds of bait to use, what licenses you need, where you can go fishing, what you should expect to catch, local laws and regulations, proper fish handling, how to safely revive and release a fish, and much more.

Lee County youth fishing tournament.

Lee County Parks & Recreation sponsors a youth fishing tournament four times a year at the Boca Grande Fishing Pier North.  Children attending our free seminar will have the basic skills needed to enjoy a successful day participating in an event such as this.

All children will leave with a rod, reel, and tackle box complete with the gear needed to fish a local public fishing pier.

You must fill out the form below to reserve your spot in this seminar.

Please fill out the form below to participate in the free fishing seminar on February 1, 2014. Remember, space is limited, so only sign up if you are committed to attending on this day.

If you need to cancel your reservation, please send us an email at contact@savethetarpon.com asap so we may open your spot to another eager young angler. Thank you!

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2015 Boca Grande Pass Tarpon Fishing Regulations

Tarpon

Florida Regulations:

Tarpon is a catch-and-release only fishery.One tarpon tag per person per year may be purchased when in pursuit of an International Game Fish Association (IGFA) record. Vessel, transport and shipment limited to one fish.

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 is prohibited. This change will apply to fishing for all species year-round within Boca Grande Pass. If this 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. Natural bait is not considered to be a weight. If the jig fishes in an illegal manner it is prohibited. Any jig that allows the attached weight to slip down the shank so that it hangs lower than the hook while the line or leader is suspended vertically from the rod is prohibited, and must be stowed so it is not readily accessible.

Boca Grande Pass Regulations:

  • During the months of April, May and June, no more than three fishing lines may be deployed from a vessel at any one time.
  • During the months of April, May and June, no person shall use, fish with, or place in the water any breakaway gear.

FWC law enforcement is patrolling the waters in Boca Grande Pass, assessing what types of gear are being used and educating anglers about the recent changes. Without properly inspecting it, it is impossible to know with 100 percent certainty if the gear in question is legal or not.

Unsure if the gear is prohibited? Call the FWC regional office at 863-648-3200.

Map of Boca Grande Pass

Boca Grande Pass Map

 

Gear Requirements:

  • Legal Gear: hook and line only.
  • Snagging, snatch hooking, spearing and the use of a multiple hook in conjunction with live or dead natural bait is prohibited

Which rigs are prohibited?

When fishing for tarpon, gear is limited to hook and line only and you cannot use multiple hooks in conjunction with live or dead natural bait. When fishing in Boca Grande Pass (for any species, year-round), 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 is prohibited. For the purposes of this rule, live or dead natural bait is not considered to be a weight. If this 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 is an example of prohibited gear:

bottom weighted jig

What rigs are legal?

Here are some examples of gear that are considered legal.

Jig tied to weightJig with bead

These jigs would be allowed so long as the weight cannot slip down the shank to the bottom of the hook while being fished.

But if the weight can slip down the shank to the bottom of the hook, as demonstrated in this video, it is prohibited.

 

Examples of other gear that are allowed:

Jigs

Jigs, such as the ones pictured, are still an allowed gear.

Hi-Lo Rig

Hi-Lo or Chicken Rig used with live or dead bait to target bottom fish and reef species.

Bottom-rig

Bottom rig used to target a variety of fish species with live or dead bait.

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Butterfly jigs and spoons used to target a wide variety of fish species.

These regulations were pulled directly from the Florida Fish and Wildlife Conservation Committee website on 5-4-15. Here is a link: http://myfwc.com/fishing/saltwater/recreational/tarpon/.
Please check for updates.