FWC rules ‘new jig’ is illegal

Illegal "Jig"It’s official. And it didn’t take long. The Florida Fish and Wildlife Conservation Commission is telling its law enforcement officers that the “new and improved” tarpon jig (see photo) that turned up recently in Boca Grande Pass isn’t new and it isn’t improved.

It’s illegal.

And like the vote that banned the bottom-weighted hook last year, the decision was unanimous.

Thomas Graef, the FWC’s regional director for Southwest Florida, agrees. Capt. Guy Carpenter, FWC law enforcement supervisor for Lee and Charlotte counties, agrees. And Nick Wiley, executive director of the FWC, agrees. And they’ve put it in writing.

They all agree. And there’s no wiggle room on this one. It’s simple. Use the new jig and you’re breaking the law.

“The jig depicted in the drawing (the photo above) is not legal as the weight appears to be designed to slide down the shank,” Carpenter wrote.

“If a fisherman in Boca Grande is found to be in possession of one, it’s prohibited use will be explained and properly documented.”

Carpenter continues. “If the fisherman is found to be fishing it, the violation will handled appropriately based on knowledge and prior contact.”

Translation: Use the “new jig,” get caught using the new jig, and the FWC will give you a warning. Do it twice, and the FWC will give you a second degree misdemeanor prosecution.

The determination was made and announced by Carpenter late Monday night. “A tug pulls the eye of the from under zip tie and hook point rips from plastic soft body tail,” the FWC said. In other words, a flick of the wrist turns the “new jig” into the “old jig.”

A memo detailing the FWC’s determination has been circulated among the area’s FWC law enforcement officers. According to the FWC, those law enforcement officers will be in the Pass and they’ll be looking for violators.

Unless stowed out of reach, just having a new jig or an old jig while in Boca Grande Pass – whether it’s used or not – is also a violation.

(How does the “new jig” become the “old jig?” All it takes is a jerk. And a quick tug on the line. Check out the video below.)

Incident Summary Report Salem Perry 1 6

Florida FIsh and Wildlife Conservation Commission

Miami Herald: Controversial PTTS goes on with added scrutiny

This article was originally published in the Sunday, April 13, 2014 edition of the Miami Herald. 

By Sue Cocking
scocking@miamiherald.com

When the Florida Fish and Wildlife Conservation Commission decided last year to ban the use of a popular type of fishing tackle for pursuing tarpon in Southwest Florida’s Boca Grande Pass, many thought that would be the end of the zany reality show/fishing contest known as the Professional Tarpon Tournament Series.

PTTS Tarpon Tournament

A common scene in Boca Grande Pass when the PTTS circus comes to town.

The FWC decided that the “Boca Grande jig” — where the weighted part of the lure hangs below a circle hook — effectively snagged tarpon in the face and body instead of enticing them to strike, and outlawed its use in the Pass. The decision was hailed by a grassroots organization called Save the Tarpon, which had waged boisterous on-water protests and a tireless social-media campaign against the PTTS. Several South Florida guides got involved because many tarpon caught and released in Southwest Florida are recaptured later in Southeast Florida and the Keys.

The tournament reacted by filing suit in Charlotte County Circuit Court against Save the Tarpon, accusing the group of defamation and costing the televised contest some major sponsors. The suit is pending.

Meanwhile, the PTTS is embarking on its 11th year, albeit with fewer sponsors and participants, planning to conduct three men’s and three women’s tournaments beginning May 17 and culminating with the season-ending Tarpon Cup, where a boat, motor and trailer will be awarded to the top overall team. The series will be broadcast later on the World Fishing Network.

“Since the inception of the tournament, there has been a faction of folks against what we are doing,” PTTS founder Joe Mercurio said. “We’re not going to let the decision the FWC made daunt us at all. Our anglers are ready to go out and follow the letter of the law and compete.”

Two of the top competitors vowed to do just that, declaring they don’t need the Boca Grande jig to catch and release big tarpon.

Veteran Tampa fishing guide captain Dave Markett of Team Power Pole, which finished third last season, said he used a “slider” jig most of the time, which allows the weight to slide up and down the line above the hook. He said he also caught and released fish using live bait, such as squirrelfish and crabs, and had success with soft plastic jerkbaits.

“There are no shortcuts to success,” Markett said. “Every captain thinks he has an idea and he thinks it will work.”

Jill Sapp, who fishes on Fins & Tails with her guide/husband captain Troy Sapp, said their team has always fished a combination of lures and live bait.

“We’ve fished all of it,” she said. “The guys that have been doing this a long time, this isn’t their first rodeo. The newer people to it, maybe they won’t hook as many. It is what it is.”

Save the Tarpon members plan to monitor the pass on tournament days with video cameras to see if PTTS competitors are following the law, according to the group’s chairman, Boca Grande captain Tom McLaughlin.

“The part of the jig law that’s important is that the fish pursue the gear and not the gear pursue the fish,” McLaughlin said. “It’s all about preserving sport fishing in Boca Grande Pass. It’s a historical fishery and it should be protected.”

Read more here: http://www.miamiherald.com/2014/04/13/4056127/controversial-ptts-goes-on-with.html

Best-Selling Author Randy Wayne White Crusades to Protect Tarpon

This article was originally published in the March 2014 issue of Sarasota Magazine.

Written by Sarasota Magazine contributing editor, Tony D’Souza.

Randy Wayne White

Best-selling Southwest Florida thriller writer Randy Wayne White crusades to protect the region’s tarpon.

To hear author, restaurateur and angling activist Randy Wayne White tell it, as he recently did at his Doc Ford’s Rum Bar & Grille on Sanibel Island, all of us Southwest Floridians are here because of a fish. Because of its fight, the lightning-quick way it rolls and leaps when it strikes, and because of its strength and beauty. That fish is Megalops atlanticus, an archaic, cow-eyed, thick-jawed feeding machine that can reach eight feet in length and weigh 250 pounds. Tourists call it “tar-pon.” The rest of us say “tarp-in.” No matter how you pronounce the name, the tarpon with its silver-dollar scales has always meant money, and that’s at the heart of a recent controversy that embroiled White and the organizers of a high-stakes fishing tournament down in Boca Grande.

“When the first tarpon was landed on rod and reel in 1885 in Sanibel,” White, sitting before an opened laptop in his bar where I’ve caught him writing, tells me, “it made headlines. This was the only big game fish that one could land in a rowboat. Industrialists began to come to this pioneer mangrove coast. Thomas Edison wanted to catch a tarpon, he came here. The Charlotte Northern Railway extended its service to Boca Grande; that began hotels. The tarpon changed the destiny of this coast.”

White is an amicable guy, a youthful 63, a baseball-playing Midwest farmhand who came to Sanibel in 1972 with a high school degree and a yen to write. He earned his salt as fishing guide and adventure magazine columnist, raised two sons and wrote every day. After churning out 18 novels under pseudonyms, he finally found a character, a former NSA agent and marine biologist named Doc Ford, which led to a best-selling series of thrillers, the first of which was 1990′s Sanibel Flats. The series’ popularity has allowed White and his business partners to commercialize the Doc Ford name into three restaurants, a hot sauce line, T-shirts and golf visors. And last year, White used his literary muscle to weigh in on what many here see as the ugliest chapter in the tarpon’s history.

The “Boca Grande jig” masquerades as a traditional jig hook but is designed to sink steel into tarpon even when the fish aren’t biting. When a fish strikes a true jig, it’s hooked inside the mouth; with the belly-weighted Boca Grande jig, an angler drops the hook to the bottom, waits for a fish to bump the line, then reels as fast as he can. The line “flosses” beside the fish, often sliding through its gill plate, and the heavy jig streaks up like a fist and punches its hook into the fish’s face or body.

In a special commentary in the Tampa Tribune in April, White wrote, “In the early 1990s, when tarpon tournament purses in Boca Grande Pass climbed to $100,000 or more, two local anglers revived an old poaching technique that guaranteed they would boat tarpon and also fill their pockets…. Among guides, ‘jig fishing’ became the accepted euphemism for snag fishing, but always in a wink-wink sort of way because boating fish is key to making money…. The technique wasn’t illegal, but most of us knew it wasn’t ethical…How do I know this is true? Because, as a fishing guide, I did it.”

Prior to the new gear restrictions passed by FWC in 2013, most of the Professional Tarpon Tournament Series anglers relied on the unethical "Boca Grande jig" to snag tarpon and earn valuable "face time" on TV for their sponsors.

Prior to the new gear restrictions passed by FWC in 2013, most of the Professional Tarpon Tournament Series anglers relied on the unethical “Boca Grande jig” to snag tarpon and earn valuable television “face time” for their sponsors.

The “Boca Grande jig” masquerades as a traditional jig hook but is designed to sink steel into tarpon even when the fish aren’t biting. When a fish strikes a true jig, it’s hooked inside the mouth; with the belly-weighted Boca Grande jig, an angler drops the hook to the bottom, waits for a fish to bump the line, then reels as fast as he can. The line “flosses” beside the fish, often sliding through its gill plate, and the heavy jig streaks up like a fist and punches its hook into the fish’s face or body.

“Snagging is taboo in the world of sport fishing,” White tells me as he leads me around his restaurant. “It’s the equivalent of harpooning or using dynamite.” The island-themed Doc Ford’s is packed for dinner, the genteel patrons dressed in polos and khaki. White spends a few minutes chatting with two couples from Kansas City, Dee and Frank Mana and Kathie and Phil Ziegler, who tell me they’re here because of the Doc Ford series. White signs a book, “Dear Dee, Doc’s Pal!,” then urges the group to, “Try the hot sauce.”

Out in his truck, White riffs on the surreal success of his books and the restaurants, which has come later in life for a writer whose early days often did not include hot water or A/C. “I did many years with no safety net,” he tells me as we pause to let some beach tourists scamper across the road. “Every day now, it just feels dreamlike. Peter Matthiessen [the National Book Award-winning author of the Watson Trilogy] gives me a hard time about being commercial. He says, ‘So, Randolph, are you going into real estate?’ I say to him, ‘A Killing Mister Watson oyster bar. Think of the T-shirts.’”

Soon we’re at Doc Ford’s on Captiva Island, a cavernous 400-seater, and White winds his way to the back bar, greeting fans and staff alike. At the bar, I ask a red-haired lady sipping a cocktail if she reads the Doc Ford series. She takes a hard look at the man beside me and says, “Are you the Randy White?”

“If you knew me, you’d run like the wind,” he tells her. Soon, he’s posing for a picture, and then we’re talking tarpon again. White says, “When they first started using [the Boca Grande jig], I had a client who would book me every year during tarpon season. I told him about it and he said, ‘Let’s go out and try it.’ I wired a very heavy weight, probably three ounces, to the hook. He landed two fish; one was hooked under the lateral fin. They’re almost all hooked outside the mouth [using the Boca Grande jig].”

The practice might have continued if not for the 2003 entry of the Professional Tarpon Tournament Series into Boca Grande Pass. Hosted by Sarasota’s Joe Mercurio, the PTTS and its sister series, the Women’s Professional Tarpon Tournament, have the richest tarpon purses in the world. This year, they’ll offer more than $500,000 in prizes.

From the beginning, the PTTS drew criticism. “The Pass’s characteristics are such that the tarpon are contained in an area and must stack up,” explains White. “To snag fish effectively, you need a very fast boat, and during the tournaments we’re talking a hundred or more. It’s day after day of these high-speed pursuits of these fish who are there to feed and fatten and do this little-understood ceremony that’s prelude to their mating. It’s just a circus.”

Like White, the PTTS and Joe Mercurio are commerce-savvy, though the tournament targets a different audience. Its marketing videos highlight the very things White and other PTTS critics abhor: teams of sponsorship-clad fishermen in sponsorship-wrapped boats, all in a frenzied pursuit of fish. The videos’ background music is high-octane synthesizer, the feel is NASCAR. “The PTTS pits 50 teams in a head-to-head gunnel-to-gunnel battle,” the announcer intones in the 2010 video. “The playing field can only be described as controlled chaos.” The PTTS TV series reaches 42 million viewers and is co-hosted by a Sarasota-based blond bombshell, Sheli Sanders. Prominent in the videos are bull and hammerhead sharks chomping through tarpon even as the anglers reel them in.

What White and groups like Save the Tarpon of Boca Grande Pass argue is that the tournament uses the doctored jig and harasses the fish at a critical time in its breeding cycle. Bowing to pressure from Boca Grande guides, the Florida Fish and Wildlife Commission (FWC) conducted a $200,000 foul-hooking study from 2002-2004. Surprisingly, the FWC did not find that the Boca Grande jig was hooking tarpon outside the mouth.

White says: “In the study, 75 percent to 80 percent are hooked in the mouth. But people did not ask what constitutes ‘mouth.’ The study’s definition is essentially this: Any bone in the tarpon’s head connected to its mouth [is its mouth]. The study has done more to harm tarpon in the last 10 years than any number of tarpon fishermen.”

Read the rest of the story here.

Judge slaps PTTS owners with sanctions, legal fees over ‘baseless’ lawsuit claims

Mr. Lew Hastings & Capt. Tom McLaughlin

Lew Hastings, Executive Director of the Boca Grande Chamber of Commerce (left), and Capt. Tom McLaughlin, Chairman of Save the Tarpon (right) at the 2013 Save the Tarpon Shindig on March 3. It is this photo which led the PTTS to name Lew Hastings personally in the suit against Save the Tarpon.

This article was originally published in the Boca Beacon on January 29, 2014.

The owners of the Professional Tarpon Tournament Series and their Tampa attorney will be paying the legal bills of three Save The Tarpon Inc. directors after a Charlotte County Circuit Court judge slapped them with sanctions on Tuesday, Jan. 28 under a rarely-invoked state statute aimed at curbing so-called frivolous litigation.

Judge Joseph G. Foster ruled that Silver King Entertainment Inc., which owns and operates the PTTS, and their lawyer Dennis A. Creed of the Tampa firm Feldman Morgado must pay legal fees incurred by Save The Tarpon directors Chris Frohlich, Lew Hastings and Tommy Locke III.

The three were initially named in a lawsuit filed against the Boca Grande-based conservation group last year in which the tournament claimed Save the Tarpon had cost the PTTS more than $500,000 in sponsorship and other revenues. Frohlich, Hastings and Locke were subsequently dropped from the suit.

Read the rest of the story…

You made it happen in 2013, but the job is far from over

Protest Boats At Dock

Back in the spring of 2012, a defiant Gary Ingman proclaimed his Professional Tarpon Tournament Series wouldn’t stop the gaffing, the dragging, the snagging and the televised hijacking of Boca Grande Pass – all brought to you by his “controlled chaos” wrap boat spandex rodeo – until “someone tells us to stop.” In 2013, you told him enough was enough. In 2013, you told him to stop.

As we look ahead to 2014, we can look back at 2013 as a watershed year that saw our combined efforts produce two landmark regulatory reforms that will, with aggressive enforcement and your continued vigilance, give Florida’s most iconic tarpon fishery the kind of fighting chance that once seemed so beyond our reach. But you made it happen.

In 2013, the Florida Fish and Wildlife Conservation Commission listened to your more than 23,000 voices. It responded by unanimously adopting rules that laid the groundwork needed to continue the job of preserving, protecting and growing the “Tarpon Fishing Capital of the World” for us, our children, our children’s children and beyond. And you made it happen.

You told the FWC the time had come to put an end to gaff, drag, weigh and dump. In 2013, the seven-member commission heard you. It unanimously adopted a rule making tarpon a catch and release species. And we’re going to be in the Pass this spring to make certain this rule is strictly enforced.

Save Some Tarpon For MeYou also told the FWC the time had come to outlaw the bottom weighted snatch hooks popularized by the PTTS and promoted as a legitimate fishing lure to its cable TV “audience.” In September, the FWC listened. Save the Tarpon made your voices heard that day in distant Pensacola as the commission voted 7-0 to beef up its outdated foul-hooking rules and ban the so-called “tarpon jig” from the waters of Boca Grande Pass. You made it happen. And yes, we’ll be there this spring to make certain this rule is strictly enforced.

Your educational efforts also bore fruit in 2013. Your continued support helped us spread the message to those who have since come to understand they were underwriting the potential destruction of a fishery. In 2013, MillerCoors, Yamaha, Costa del Mar, Miller’s Ale House and others showed us and the world they truly are responsible corporate citizens. And you made it happen.

While 2013 will rightfully be remembered as the year you made it happen, 2014 will continue to present opportunities and challenges. In 2013, sport fishing enthusiasts across the globe became aware of the issues threatening Boca Grande Pass thanks to your efforts. They made their voices heard. But we all understand we can’t collectively afford to declare victory, drop our guard and go back to the era of silent indifference that nearly brought us to the brink.

Yet there are those eager to see a return to the days of “anything goes.” As you know, the man who once so defiantly challenged you to make him stop, the man who brought “controlled chaos” to Boca Grande Pass and has signaled his willingness to pay any price to keep it there, has dispatched a small armada of lawyers intent on silencing your voices and reversing the grassroots gains we worked so hard to achieve together in 2013.will rightfully be remembered as the year you made it happen, 2014 will continue to presen challenges.

Flight To Fwc MeetingYou stood up for the future of our fishery in Lakeland, in Pensacola and in Tallahassee. But all we’ve accomplished remains at risk absent the resources we now need to head off efforts by Ingman and others to undo what we’ve worked so long and so hard to make happen over the course of this past year. While our legal team has been supportive in our defense and committed to our shared cause, the fight to keep your voice from being silenced continues to drag through the courts as we enter 2014. Silence didn’t make catch and release happen. Silence didn’t ban the bottom weighted snatch hook. Silence didn’t end the corporate underwriting. Silence did not, and will not, make it happen. We will not be silenced.

We’re grateful to those who have provided so generously of their time, their talents and the resources that have allowed us to stay in the fight and make our voices heard. But despite a continuing string of reversals, the PTTS persists in what has become a transparent bid to shift focus away from the Pass, to thwart our efforts to protect and preserve the fishery, and to return to business as usual. And with every dollar spent, that risk becomes increasingly real. At your urging, we’ll soon be establishing (and, yes, it’s a cliche we hoped to avoid) a “legal defense fund” that will enable us to aggressively put this matter to rest and turn our full attention back to the job that needs to be done. Also, on Sunday, March 2, 2014, we’ll be gathering once again in Boca Grande for the 2nd Annual Save the Tarpon Shindig. Please save the date for Save the Tarpon.

For more information, please don’t hesitate to drop us an email at contact@savethetarpon.com or give Jennifer McLaughlin a call at 941-457-0845. It was a great 2013 for us, for you and the future of our fishery. It’s not going to be an easy act to follow. But, as 2013 revealed, “easy” isn’t in our dictionary. It’s 2014. Together, let’s keep making it happen.

Become a member today.

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!

* indicates required field

 

Save The Tarpon seeks to block ‘hoax’ PTTS bid to force forum to turn over names

Internet Forum TrollSave The Tarpon Inc. took action, Monday, Nov. 18, 2013, aimed at blocking attempts by Gary Ingman and the company that owns the Professional Tarpon Tournament Series that, if the PTTS gets its way, would  force the popular Florida Sportsman online forum to reveal the identities of its members.

In a two-page motion filed Monday with the Charlotte County Circuit Court clerk’s office, attorneys for the Southwest Florida-based conservation group argued that the subpoena sought by Ingman and the PTTS “is not reasonably calculated to lead to the discovery of admissible evidence” and that the forum’s more than 18,000 members “have an expectation of privacy and confidentiality.”

The motion is the latest exchange in the protracted legal battle Ingman and his company, Silver King Entertainment Inc., have been waging in the courts as part of an ongoing PTTS strategy to silence Save The Tarpon, its more than 22,000 supporters and those who have spoken out against the PTTS and its methods. Ingman claims the group’s efforts have cost his controversial Boca Grande Pass TV tarpon tournament more than $500,000 in sponsorship and other revenues since Save The Tarpon’s formation in May, 2012.

Save the Tarpon Objection

Click to read full documents.

In its written objection, Save The Tarpon’s attorneys formally entered a copy of Silver King’s contemplated Florida Sportsman Forum subpoena into the public court record as an exhibit in support of its motion.

Silver King’s lawyer, Tampa attorney Dennis A. Creed III, had omitted the actual subpoena on Monday, Nov. 12 when his “Notice of Non-Party Production,” a reference to the Florida Sportsman Forum, was initially filed.

PTTS supporters among the forum’s ranks have claimed a copy of the subpoena posted last week to Save The Tarpon’s website wasn’t real, that it was a hoax contrived by the group as a ruse to further sway opinion against the tournament.

As word of the PTTS attempt to ferret out the identities of Florida Sportsman Forum members began to circulate online last week, reaction from forum members ranged from approval of the PTTS move to harsh opposition and even claims Save The Tarpon had somehow invented or fabricated the court records the group published to its website.

Forum regular Gary S. Colecchio was among the deniers, repeatedly urging his fellow Florida Sportsman members to “never believe anything posted on STT,” as he argued that the subpoena was a Save The Tarpon ploy designed to “cause outrage at PTTS among forum members” while continuing to insist “again, you simply cannot believe anything posted on that site and forum.”

When a forum member, in a reference to Colecchio’s earlier hoax claims, asked “are you saying that the subpoena for the forum information is a fake made by STT?” Colecchio, who has tallied nearly 9,500 forum posts since June of 2011, did not respond.

The subpoena sought by PTTS lawyer Creed targets Wick Enterprises Inc. as the supposed owner of the fishing forum. While Blair Wickstrom, publisher of Florida Sportsman Magazine, is also vice-president of Wick Enterprises Inc., the Stuart, Fla. company does not own the publication or its related online forum.
Colecchio, in yet another post to the forum, noted the PTTS lawyer’s apparent error, then cryptically hinted that despite its attested filing with the courts, “the PTTS knows that the Wickstoms (sic) don’t own Florida Sportsman.”

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.