PTTS quietly pulls a flip-flop on the once-despised ‘J’ hook

Take a quick moment to compare these two short excerpts pulled from the current and past “rules” found on the Professional Tarpon Tournament Series website. First this:

From the 2013 PTTS rules: “Hooks: Only single ‘Circle’ hook rigs are permissible.”

Now this:

From the 2014 PTTS rules: “Hooks: Only single ‘Circle’ hooks are permissible for use when fishing with live and or natural baits.”

Can you spot the difference? (Hint: We italicized and underlined the language that was quietly added to the tournament’s 2014 rules when the PTTS rule writers reckoned nobody was looking.) It’s circle hooks only for “live or natural baits.” For the unnatural “baits” favored by the PTTS jig bombers, it’s anything goes. And in 2014, with the bottom-weighted jig now a memory (sort of), that “anything” includes the once-reviled “J” hook.

So what happened? Why the change? We know, of couse. So do you. And, obviously, so does the PTTS. Between the 2013 edition of the Professional Tarpon Tournament Series and its 2014 season, the Florida Fish and Wildlife Conservation Commission met in Pensacola and unanimously voted to do this:

Actual headline from the September 8, 2013 edition of the Sarasota Herald-Tribune. We’re showing you the actual headline because if we didn’t, one of the “git ‘er done” wrap boat nut cases would probably go on Facebook or some fish forum and claim that this never happened, that the jig is still legal and that … What? Dave Markett already did?  Good grief.

The Sarasota Herald-Tribune called it the “Boca Grande Jig.” The FWC called it something else: A device that is, and always had been “since the tournament’s inception” nine years earlier, designed and enthusiastically used by PTTS “competitors” to foul-hook or “snag” or “snatch” or “floss” tarpon in Boca Grande Pass. In other words, “illegal.”

The PTTS, according to the FWC, had spent those nine “organized chaos” years breaking existing laws prohibiting anglers from foul-hooking tarpon. Although the PTTS basic cable TV show existed only because the so-called Boca Grande ” jig” existed, tournament host Joe Mercurio didn’t appear to be the least bit concerned by the FWC decision when interviewed by his hometown paper.

This was plainly evidenced by the unrepentant and prophetic response he gave the Herald-Trib reporter:

New Baits

Clip taken from the Herald-Tribune story quoting PTTS host, vice-president and All-American boy Joe Mercurio.

We’ll find a way – we’ve already found a way?” Just one problem.  The redesigned “new baits that we can use” didn’t seem to work very well. Not like the old snatch hook jig. And certainly not as Mercurio’s “adapter” anglers had hoped. Further, it was discovered all those “new baits that we can use” didn’t work at all when they were lashed to a circle hook. Because, as Mercurio had explained two years earlier: Nbc2 Header Nbc2 Headline Joequote But true to his “we’ll find a way” promise, Mercurio, tournament owner Gary Ingman and the PTTS gang “found a way.” It was easy. All they needed to do was change the rules. Quietly.

With their bottom-weighted gear (required to change the circle hook’s angle of attack) now illegal, the “adapters” discovered their beloved circle hook was useless when mounted on one of the jig wranglers’ “new baits.” Take away the bottom weight, the adapters told Mercurio, and the damned thing absolutely refused to snag. Mercurio had been right all along.   Not without a half pound of lead weight dangling underneath it to point the hook at the fish. But, the “adapters” told the PTTS, the “new baits” sort of worked with a “J” hook. Same mechanics. Drop the rig to the bottom, reel up twice, wait for a tarpon to bump the line above, and let ‘er rip. Gills, anus, eyeballs – didn’t matter. Not when you’re making TV.

Although not nearly as good as a circle hook, a “J” hook gave their promised “new baits” a fighting chance, they said. Which, of course, was more than the jig bombers ever gave the tarpon. Without the “J” hook, they told Mercurio and Ingman, they could forget about filling the big screen with bent rod and dead tarpon shots. But this left Mercurio with a problem. And an awkward electronic paper trail.

“The PTTS remains one of the only inshore fishing tournaments that require the use of circle hooks, which have been found to greatly reduce the catch and release mortality on Tarpon.”

The author of this one, dated Feb 19, 2010, is identified as one Joe Mercurio, Professional Tarpon Tournament Series host and vice-president. It appeared on his short-lived “For the Record” blog, which he later read nearly word-for-word when he stood before the FWC in Tampa to defend his tournament and its style of fishing.

He further demanded the commissioners stop all this jig snagging nonsense and go after the real threat. The “J” hook.  The same “J” hook his jig bomber “adapters” were now telling him was their only hope in hell of catching, or capturing, a Boca Grande tarpon on camera. Oops.

Then, of course, there was the little problem known as Mark Maus, Craig Abbott and the PTTS mail drop front group with the catchy title “Florida Tarpon Anglers Association.”

Which, while all this “adapting” and “way-finding” was going nowhere,  had gone on its Facebook page, the only tangible evidence of its existence,  to echo the Mercurio “J” hook party line. Or, more accurately, what had once been the Mercurio “J” hook party line. Apparently Maus, Abbott and the FTA didn’t get the memo. They wrote: FTAA Circle Hook

Naturally, when the new PTTS rules – the rules that now covertly blessed the once-killer “J” hook – were quietly published to the PTTS website, Maus and Abbott and their mail drop non-profit could barely contain their outrage.

As promised, they stood tall for their members. They dropped the “J” hook hammer on Mercurio, Ingman and the PTTS. They ruthlessly, courageously and deservedly let ’em have it with:

Facebook Page Not FoundThe bullies.

The PTTS has yet to acknowledge it’s allowing “J” hooks to be attached to the “new baits” being used by its “adapters” under the “adapted” 2014 rules. The same  “J” hook the PTTS campaigned to have tossed from the Pass.  Just as the FWC did to them and their bottom-weighted, circle-hooked  jigs in September.

It was, they figured payback time. Instead, the PTTS discovered karma really is what they say karma really is.

This year, with all their major sponsors now gone, perhaps the PTTS might wish to consider a new promotional approach. Something far more appropriate than a few crappy boats and cheap watches. It’s called “product placement.”

 

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

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.

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

 

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.

 

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.

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.