PTTS breaks its silence on its lawsuit fail … and you won’t believe what they’re saying now

PTTSTV.com Welcome Message

Above: The PTTS statement as posted to the tournament’s website Friday, Nov. 20. We pre-screened it for Tallahassee ‘dating’ site links.

The following was posted to the Professional Tarpon Tournament Series website shortly before noon, Friday (Nov. 20, 2015), four days after tournament owner Silver King Entertainment LLC abruptly walked away from its lawsuit filed nearly three years ago against Save the Tarpon, its more than 28,000 members, its directors, its former directors and a number of names apparently drawn at random from the phone book. The PTTS decision to take a hike comes on the heels of a number of pre-trial setbacks, combined with an attempt by the tournament’s own lawyer to get out while the getting was still good,  and less than 24 hours before the case was set to go before a jury in Charlotte County Circuit Court. Feel free to pop some popcorn, crawl into a comfy chair and read all about it here.

Trust MeAfter nearly a week of silence spent dodging media calls seeking comment, the PTTS has now spoken. Although the following slice of twisted whimsy isn’t signed, it’s littered with You-Know-Who’s “controlled chaos,” sweet as honey fingerprints. And because it’s understandable that a wannabe would-be, make-believe barracks lawyer can become easily disoriented and confused by the most simple legal stuff, our comments, clarifications and corrections have been helpfully highlighted in big bold type, with replies from the three (former) remaining individual defendants (who had been patiently holding back for nearly three years and have never pretended to be lawyers) in ital.

The PTTS website post is cleverly headlined “Welcome.” That’s pretty much where the reality part ends and the fantasy stuff begins. The text follows:

This last Monday, November 16, 2015, Silver King Entertainment, LLC, locally known as the Professional Tarpon Tournament Series (PTTS) dropped two counts of its complaint against the Save the Tarpon organization and some of its individual directors.

Individual defendant (and Save the Tarpon board member) Mark Futch: That’s because there were only two counts left – out of how many? And those last two were about to get kicked to the curb. Did they forget the judge had gutted most of their case less than a week earlier? And that their own lawyer had attempted to bail on them? 

This decision was due to many considerations, but first and foremost let us be clear the case is not over, as the PTTS is appealing the Courts decision to grant a summary judgment on the PTTS defamation claim against the Save the Tarpon organization and its directors.

Individual defendant (and Save the Tarpon chairman Tom McLaughlin: Yeah, right. Good luck with that. So where’s your appeal? Oh, yeah. You don’t have a lawyer anymore. No problem. Joe (PTTS television host Joe Mercurio) can probably handle it. After all, he’s got three years of college. 

Futch: Don’t forget his Daddy … he’s a judge. When he’s not trolling Sarasota kwikie marts, that is.

The Court without record evidence …

McLaughlin again: Record evidence? Is there any other kind of evidence nobody knows about? Like maybe double secret, off the record evidence?

… ruled that Save the Tarpon and its directors were media defendants because their statements had been published in news outlets

Individual defendant (and Save the Tarpon board member Frank Davis: She did? No she didn’t! We never argued anything like that. She granted the motion because she found we WERE a news outlet by every definition of the term. That we WERE media defendants in the eyes of Florida’s courts. And that Gary Ingman, Mercurio and their little Silver King tee-vee thing didn’t follow the law. Right? (Yes, Frank. That’s exactly what Judge Lisa Porter determined.) 

We believe decision was clearly erroneous …

Futch: So file your (bleeping) appeal already!

… as Save the Tarpon and its directors are competing fishermen, who are not neutral media members …

McLaughlin: Neutral media members? You mean like Fox News? Like MSNBC? Like the Huffington Post? Where in the statute, the one you couldn’t be bothered to obey, do the words “neutral media members” reside?  Competing fishermen? When’s the last time a wrap boat has been spotted 50 miles offshore? Because that’s where I do the bulk of my fishing. 

… and who have a vested interest in damaging the PTTS, along with its sponsors and participants.

Futch: What? Your sponsors and participants have a “vested interest” in damaging the PTTS? You should get a lawyer and sue ’em! Anyhow, why would we have the slightest interest in damaging the PTTS, when Mercurio and Ingman were doing a perfectly good job of damaging the PTTS without any help whatsoever from us?

Further, the Court did not rule that Save the Tarpons statements were not defamatory, but only that Save the Tarpon and its directors should have been given the chance to retract the alleged defamatory statements prior to filing a lawsuit.

Davis: Wait! Didn’t Mercurio just say it was because we were quoted somewhere in some newspaper? Are you guys messin’ with me again? (No, Frank. That’s what he said. Yeah, he did. Really.)

On the morning of November 16, 2015, the Court heard two different Strategic Lawsuit against Public Participation (SLAPP) motions filed by Save the Tarpon attempting to show the PTTS lawsuit had no merit, and the Court denied both motions.

McLaughlin: Uh … no. Judge Porter actually set aside SLAPP for procedural reasons. We just wanted to get it on the record. For later on. When the real fun begins. She never addressed the merits. Was Mercurio at the same hearing we were at? Oh, wait. Never mind. He never showed his face in court. Ever. My apologies, Joe.Pretend Lawyer

Silver King Entertainment intends to pursue prevailing party attorneys fees for both successfully defended SLAPP motions.

Futch: (Unintelligible through the laughter.)

McLaughlin: How in the hell are they gonna do that? They voluntarily dismissed their own case?

Davis: You guys are messin’ with me again, right?

After this hearing, the PTTS decided that it did not want to put its sponsors and participants through a trial on two counts that would have required testimony from its sponsors and participants, when the main defamation claims dismissal was being appealed.

Futch: What sponsors? What participants? They still got sponsors? They still got participants? 

The PTTS did not want to subject its sponsors and participants to any more inconvenience due to actions by Save the Tarpon and its leadership.

McLaughlin: Inconvenience? You frivolously sue someone in the wrong courthouse, in the wrong county, for half a million dollars in losses you couldn’t begin to prove, you go through three judges, you attempt every delay imaginable simply to run up the cost, you hire a lawyer who skips out on scheduled hearings without notice – and then quits at the 11th hour – and you’re suddenly worried about inconvenience?

Futch: The judge said it was the 12th hour.

The case is not over, and the PTTS feels strongly in its defamation claim winning on appeal.

Davis: Okay, now I know you guys are messin’ with me.

The PTTS may reconsider going forward, if after discussions with its participants and sponsors, it is decided it is better to take away the Save the Tarpons leaderships vehicle to enrich themselves at the continued detriment to civil discourse.

Davis: In other words, the PTTS and Ingman know they’re going to have to pay through the nose. And that they’ll likely take a few others down with them. Aren’t the rats always the first off a sinking ship? Unless you guys are messin’ with me again.

McLaughlin: “Reconsider going forward?” Good grief. Is quitting all they know? 

Davis: “Take away the Save the Tarpon’s leadership’s vehicle?” Well, I guess if they need it that bad, I reckon they can have the old pickup out back behind the shed. Gonna need tires, though.  

The PTTS has always taken the high road throughout the trial and has exhibited the utmost professionalism towards Save the Tarpon and its members. The PTTS will continue to conduct itself ethically, professionally and will stand up for the rights of all fishermen.

McLaughlin: Really? The high road? The only road the PTTS knows is I-75. 

Futch: Don’t forget the Skyway Bridge … 

McLaughlin: Okay, that too. But that $1.25 toll is kinda pricey. 

Davis: You guys gotta be messin’ with me. 

Are You Serious?

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

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.

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.”

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.

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

By Bill Bishop

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Judgefoster2

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

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

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

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

Lawsuit Failed

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

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

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

PTTS hires lawyer to threaten the FWC with funding cuts, lawsuit

Joe Mercurio and Attorney

Joe Mercurio and PTTS lobbyist Tim K. Atkinson huddle at the June FWC Commission meeting in Lakeland, Florida.

UPDATED: Tell these three lawmakers you don’t want them playing politics with conservation funding.  Here’s how.

Did a lawyer hired by Gary Ingman, Joe Mercurio and the Professional Tarpon Tournament Series really invoke the names of three powerful politicians and threaten to use these politicians to cut funding to the Florida Fish and Wildlife Conservation Commission?

Did the PTTS lawyer actually suggest that’s what would happen unless the seven commissioners voted down the draft rule aimed at putting teeth in regulations aimed at curbing the intentional foul hooking of tarpon in Boca Grande Pass?

Did the same PTTS lawyer really threaten to sue these seven commissioners if they voted to prohibit the use of bottom weighted gear in this iconic tarpon fishery?

Yes, in fact, he did. But you be the judge.

Here is lawyer Timothy P. Atkinson in his own words speaking to those seven commissioners on behalf of the PTTS in Lakeland. Atkinson is a partner in the Tallahassee law firm of Oertel, Fernandez, Bryant & Atkinson. His biography notes that “his practice also includes challenges of existing and proposed agency rules, and agency and legislative lobbying.”

And remember. Tell these three lawmakers you don’t want them playing politics with conservation funding.  Here’s how.

Is the PTTS reality show Boca Grande’s version of ‘Jersey Shore?’

PTTS Team Jersey Shore

By: Mary Anne Hastings, Boca Grande

Just when things start to quiet down a bit in Boca Grande, the circus known as the Professional Tarpon Tournament Series (PTTS) rolls into town. When I pick up a paper or turn on the television and see this tournament being glorified and promoted, I get very angry. When I see some of the local media touting the ongoing struggle in Boca Grande to rid ourselves of this scourge as nothing more than locals not wanting to share, I become livid.

Imagine being a resident of the  Jersey Shore when THAT reality show started airing and promoting your neighborhood like they did, then harassing you if you spoke out against it. Gasparilla Island is no different from any other community.

The residents here created this beautiful community and are responsible to maintain it. Visitors here are just that – visitors, and while all are welcome, they are expected to respect the values and traditions that have made this island what it is. Absent of residents who care deeply about their neighborhood, any developer, retail operation or reality show circus would have the ability to come in and destroy this beauty for their own profit.

Ask anyone who lived on Fort Myers Beach a few years back before the resorts and bars moved in.

PTTS General Manager and Host, Joe Mercurio

PTTS General Manager and Host, Joe Mercurio.

The Boca Grande Comprehensive Plan Amendment, Lee County  states: “The State of Florida recognized that the conservation of the natural beauty, plant, marine, animal and bird life of the islands was in the best interest of the residents and property owners of the islands, the citizens of Lee and Charlotte Counties and the State of Florida, and consequently created the Gasparilla Island Conservation District by enacting the Gasparilla Island Conservation District Act of 1980 (Ch 80-473).”

Lee County and the state of Florida authorized us to preserve and maintain Boca Grande and its surrounding resources to reflect the values and appearance of our community. The PTTS and its affiliates have taken it upon themselves to show the world their version of what Boca Grande is all about and their depiction is dead wrong.

On top of that, they are essentially strip mining a resource for profit and will move on when the fishery is irreparably damaged or completely collapses leaving the island economy in shambles and a natural resource destroyed. We are stewards of the natural resources of our community and we are responsible for how our community is portrayed to the world.

“DJ” Gary Ingman and Joe “The Situation” Mercurio created a “tournament” reality show and have lined their pockets with advertising dollars from it. We have proven their “tournament” rules are bogus. Foul-hooked and dead tarpon are counted as catches, against their own “rules.”

PTTS Tarpon TournamentOther anglers in the area are forced out so they can film the NASCAR-style circus they call fishing without anyone else in their camera shots. Millions of people then watch  this sham reality show and think that is what fishing looks like in Boca Grande and we, the community, are left to re-educate the world on ethical techniques and behavior, not to mention clean the beaches up when the dead tarpon wash ashore. Ingman and Mercurio saw a way to make a lot of money off a reality TV show and they jumped on it, without regard for the neighborhood or the fish they were making that money off of. Even their website is pttstv.com. That says a lot to me. It’s all about the TV show.

The PTTS is our “Jersey Shore” reality show and like the actual residents of the Jersey Shore, we want them gone and I make no apologies for it. We sincerely hope the Boca Grande jig will be banned at the June 12th FWC meeting but, given the money made off this tournament, my guess is that Ingman and Mercurio are coming up with a plan B snagging device to circumvent any new rules and keep their cash cow mooing. We will be watching.

The Culture of “Jig” Fishing in Boca Grande Pass from Save the Tarpon on Vimeo.