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?

Save The Tarpon legal fund drive prompts PTTS lawyer threat

Frivil

A PTTS lawyer is once again threatening to haul Save The Tarpon into court – this time in an apparent effort to cripple the group’s legal defense fundraising efforts.

Save The Tarpon is seeking to raise a minimum of $20,000 to fight a Strategic Lawsuit Against Public Participation (aka, “SLAPP Suit”) filed by Port Charlotte boat dealer Gary Ingman and the owners of the Professional Tarpon Tournament Series.

Ingman and the PTTS filed their retaliatory lawsuit against Save The Tarpon less than a month after Florida’s fish and wildlife regulators banned the notorious “PTTS Jig” from Boca Grande Pass in September of 2013.

Save The Tarpon was also a key player in the Florida Fish and Wildlife Conservation Commission’s earlier decision to adopt rules making tarpon a catch and release species, a move that effectively outlawed the tournament’s televised “gaff and drag.”

Dennis A. Creed III, a partner in the Tampa law firm hired by the Professional Tarpon Tournament Series to silence Save The Tarpon, issued his latest threat in a demand (made pursuant to Florida law) sent Monday afternoon (Jan. 12) to former Assistant State Attorney and Save The Tarpon lead counsel Tauna R. Bogle.

Creed’s email to Save The Tarpon’s legal team came on a day that saw the group raise more than $5,000 in less than 24 hours.

Monday’s email threat is the latest in a long string of attempts by PTTS lawyers to silence Save The Tarpon. Last year, the PTTS lawyers went before a Charlotte County judge to unsuccessfully demand Save The Tarpon stop writing about them and their clients on the group’s website, its Facebook page and elsewhere.

“Prior restraint,” as the PTTS lawyers were seeking, is most commonly used to protect the privacy of young children and victims of sexual violence – not the hurt feelings of TV fishing tournament attorneys and their clients.

In his email, Creed told Save The Tarpon’s counsel “I will be compelled to file a motion with the court regarding the previous orders asking your clients to stop this type of activity.” (There are no “previous orders.” Further, as Creed should know,”orders” don’t “ask.” Orders order.)

“I will file a motion for sanctions in the current case, and I will file a personal defamation case against Save The Tarpon,” Creed’s email went on to threaten. Creed, however, failed to cite specifics, only that Save The Tarpon, its website, its Facebook page and its GoFundMe.com/savethetarpon campaign “are defaming my ethics/business character.”

Creed’s latest demand follows the script the tournament’s lawyers have followed throughout the ongoing PTTS Strategic Lawsuit Against Public Participation designed to silence Save The Tarpon.

In response to Creed’s email, Bogle told the PTTS lawyer that nothing written by Save The Tarpon in connection with its fundraising initiative mentioned or identified Creed by name. “But please tell me if I missed anything.”

Bogle also noted that comments associated with the Save The Tarpon campaign “look like fundraising attempts and comment/opinion of persons involved in a lawsuit.” The former prosecutor also invited Creed to “feel free to educate me” on why he believes long-established First Amendment free speech protections don’t apply to Save The Tarpon and its supporters.

Tom McLaughlin, chairman of Save The Tarpon and one of the defendants named in the PTTS SLAPP Suit, Creed’s attempt to short-circuit the group’s ability to raise money won’t slow the group’s efforts. “The PTTS is clearly rattled by the outpouring of concern and support they’ve been witnessing in recent days,” he said.

“The community is responding in a way Gary Ingman, Joe Mercurio and the PTTS never saw coming. The people of Charlotte County, the people of Southwest Florida and our supporters everywhere are telling Ingman and his lawyers they won’t be intimidated, they won’t be silenced, they won’t be SLAPPed around and they won’t back down.”

The nearly two-year-old case, one the PTTS has dragged through two counties and three judges in an attempt to spend Save The Tarpon into silence, is expected to go before a Charlotte County jury within the next few months.

State attorney won’t prosecute local guides; Tampa area captain’s fate uncertain

Capt. Jim Huddleston

FWC officers pull aside Capt. James Huddleston’s boat on May 15 after observing the Tampa-area guide fishing two illegal “breakaway” bottom-weighted jigs.

While high-profile Professional Tarpon Tournament Series angler and charter captain James W. Huddleston continues to await his day in Lee County Circuit Court, prosecutors are moving ahead with plans to defer and ultimately dismiss all charges against two local fishing guides accused by Florida Fish and Wildlife Conservation Commission officers of allegedly violating rules prohibiting the use of “breakaway” gear in Boca Grande Pass.

Ftafbphoto

The Gang That Couldn’t Shoot Straight came through again. Great timing, guys. They chose yesterday to recycle an old Facebook post and plaster it across the top of their page. We saved it for you here because odds are it’s not going to last long over there.

The decision to halt prosecution came as Capt. Frank E. Davis, 53, of Placida and Capt. David C. Chatham, 35, of Port Charlotte entered not guilty pleas on Monday in connection with a May 28 FWC “boating safety and resource inspection” sweep that specifically targeted traditional live bait fishing guides operating charters in the Pass.

Assistant State Attorney Larry D. Justham, who spearheads the county court division, declined comment on the cases brought by the FWC against the two local guides. Justham referred all questions, including those concerning the as-yet unresolved Huddleston case, to the state attorney’s press office. Communications Director Samantha Syoen said she was unable to comment on an active prosecution, but noted the state attorney’s office is “working closely with the FWC” on the matter.

Huddleston’s next court date is June 27 when he is slated to appear before Judge H. Andrew Swett at 8 a.m. in Fort Myers. Charges against Huddleston stem from a May 15 incident when FWC officers say they spotted one of Huddleston’s clients fishing what they said was “an obvious illegal jig” in Boca Grande Pass. The bottom-weighted jig, popular among PTTS competitors, was outlawed by the FWC in September, 2013 when it was determined to be a foul-hooking or “snagging” device.

The FWC subsequently came under fire for opting to issue Huddleston a written warning rather than a formal second degree misdemeanor charge for violating the widely reported nine-month old jig prohibition.

FWC Capt. Guy Carpenter, who oversees the agency’s law enforcement efforts in Lee and Charlotte counties, has sought to defend the decisions his officers made in the Huddleston matter by noting the FWC’s “enforcement philosophy is to start out heavy on the education side” and that “we have to educate people.”

Critics have questioned the need for “education” in the Huddleston case, however, pointing to reports filed by both officers referencing Huddleston’s “knowledge and experience” and that the 44-year-old Palm Harbor man is and has been employed as a long-time professional fishing guide.

The same reports state Huddleston appeared to hurriedly instruct one of his clients to lower the illegal gear into the water when he saw the FWC officers approach to make their inspection.

The reports contain no indication Huddleston attempted to claim he was unaware of the regulation. Rather, the reports state, Huddleston sought to place blame for the presence of the banned devices being fished from his boat on his absent and unnamed “mate.” Huddleston did, however, receive a citation for using “breakaway” tackle in conjunction with the illegal jigs. Again, according to the reports, he offered no defense.

By contrast, reports show both Chatham and Davis vigorously defended the legality of their gear two weeks later when FWC officers selectively stopped and inspected more than a dozen traditional live-bait “Pass Boats.”

In Chatham’s case, an FWC officer was repeatedly unable to “break away” the gear the officer would later claim was designed to break away. Davis similarly objected, noting that the same gear that drew his break-away gear citation had, just moments earlier and in sight of the officers, successfully boated a tarpon without the weight breaking free. The reports state the officer who nevertheless issued the citation “took his objections into consideration.”

The FWC’s “boating safety and resource inspection” sweep of the local Pass Boat fleet came on the heels of an online uproar fueled by those in the Tampa area jig fishing community who contended Huddleston had been targeted by the FWC due to his notoriety as a PTTS jig angler.

The jig anglers’ complaints against the FWC ended abruptly when a Tampa-area newspaper reported the Davis and Chatham citations just hours after they were issued and days before the FWC was able to provide other media outlets with information concerning the two cases.

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

Maus 2

Florida Tarpon Anglers president and Simrad representative Mark Maus.

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

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

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

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

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

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

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

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

 

‘That sure sounds like snagging to me,’ Pinellas angler tells FWC cops

Capt Dave Markett of Team Power Pole

The Team Power Pole boat in the Pass with Capt. Dave Markett at the helm as he puts his clients on the fish earlier this month. But wait … take another look. What’s that ‘lure’ they’re fishing? Scroll down for a few photos you likely won’t find on Markett’s Facebook page.

Matt Selby is one of those down-to-earth kind of guys who, like the rest of us, enjoys fishing. On May 9, Matt made the drive to Boca Grande from Pinellas County where you can often find him on the water casting and jigging a variety of legal artificials.

Matt lawfully fishes his collection of time-tested jigs just as they were meant to be fished. As generations of anglers before him have done. And, in his local waters, they work. “They catch me small tarpon back home all the time,” he says.

Matt’s also one of many anglers who have taken the time to contact the Florida Fish and Wildlife Conservation Commission’s enforcement division through its “Wildlife Alert Line” this season. Like them, Matt wasn’t happy with what he saw happening around him in Boca Grande Pass that day. Or what he would later be told.

“I really don’t know what to call the kind of fishing I saw being done in the Pass that day,” he said. “It really upset me to watch these guys snag five to seven fish in a three hour span on multiple boats.”

Matt’s story is, of course, a snapshot, an important snapshot. One taken from the perspective of a true sportsman. It’s a picture we’ve seen so many times that maybe it takes a fresh set of eyes to serve up a jolting reminder of the direction this storied fishery was, and still could be, headed.

Perhaps it’s also a snapshot of how the “Tarpon Fishing Capital of the World” is being viewed by that world – more than two decades after the bottom weighted snag hook arrived in Boca Grande Pass.

Matt says the old reliable “back home” lures he was casting in the Pass weren’t catching anything that day. The fish, he says, weren’t feeding. It happens. And as any sportsman will tell you, it’s frustrating. Matt tried everything he’d learned over the years. Didn’t matter. Not even an angler with his knowledge and experience could entice those tarpon to bite.

Matt looked around. He saw he wasn’t the only angler struggling that day. But he wasn’t expecting what was about to happen, he says. “One guide was next to me,” Matt clearly recalls. “One of his clients started complaining about not catching a single fish in two hours.”

And there you have it. Just as Matt had described. The rig in the side rod holder looks an awful lot like the old (and now illegal) Boca Grande Jig.

And there you have it. Just as Matt had described. The rig in the side rod holder looks an awful lot like the old (and now illegal) Boca Grande Jig.

Matt heard it. Matt saw it. Here’s what Matt later told the FWC:

“He (the guide) looked around. He pulled out a pole from somewhere underneath, under the side. The pole was rigged with the exact snatch jig that was just banned.”

Matt knew the FWC had outlawed the bottom weighted “Pass jig” late last year. And this one was hard to miss. A weighted head attached to a bright green plastic tail. Along with what Matt described as a “a giant hook.” Just like in the photos he’d seen online. Except now he was seeing one up close and personal.

As he later told the FWC, he watched from just feet away as the “old jig,” the one outlawed by the FWC, was fired to the bottom of the Pass.

The fish still weren’t biting, but Matt knew it didn’t matter. “Guess what?” As Matt told the FWC, there was no guesswork required.

Under the proposed gear restrictions for Boca Grande Pass, a bottom weighted hook such as this, would be illegal.

The illegal “Boca Grande jig” is actually a bottom-weighted snatch hook.

Under the current gear restrictions for Boca Grande Pass, a bottom weighted hook such as this, is  illegal.

“They snagged one on the next drift. And they wound up with seven total on the day. I know for sure he was fishing the illegal one on that drift.”

But that’s not all he told the FWC when he made that call to the “Wildlife Alert Line.” And it was far from the end of the story. Matt also told the FWC about “the funny thing” that happened later that day when he encountered the same guide he’d seen in the Pass a few hours earlier.

Both fished artificials. So, Matt reckoned, the guide likely figured he was talking one brother to another. He wasn’t. Not even close. Here’s how Matt describes it:

“He unknowingly admitted to me he snags the tarpon,” Matt told the FWC. “I said to him that I didn’t even get a bite with what I was using.” Matt said he asked the guide, the one who suddenly landed all those tarpon, “what’s your secret?” Matt said he already knew. There was nothing “secret” about it.

The guide’s advice: “Use clear line that they can’t see, drop the jig to the bottom with the line completely straight up and down, then when you feel a Tarpon bump into your line reel up fast and that sets the hook.” And that’s how Matt described their little chat when he called the FWC.

“That sure sounds like snagging to me.”

Matt had more than a story to relate to the FWC during that phone call. He also had a name to go with that face. And all that “secret” boat ramp advice that name and face had shared.

The face wasn’t hard to find. It was, he said, impossible to miss. Matt quickly discovered he’d been keeping company that day with a cable TV star. A high-profile Professional Tarpon Tournament Series captain whose name and face were all over the Internet. Along with his Team Power Pole PTTS wrap boat.

No, you won’t go blind looking for Capt. Dave Markett. And Matt didn’t have to bother spelling the name for the voice on the phone.

“They told me that have received several tips about these PTTS boats in the Pass, and that they will make especially sure to keep an eye on Markett’s boat,” Matt was told.

Matt, of course, didn’t go looking for lawbreakers on his first trip to the Pass that day. He went looking for tarpon. And he never imagined he’d find himself making a call to the FWC. He also found he wasn’t alone.

He said he was surprised to learn the FWC knew all about what was happening in Boca Grande. So did we. And, naturally, we followed up.

The photos that accompany this story were the result of Matt’s FWC call and others like it. Old habits die hard. And when the fish aren’t biting and the charter clients aren’t happy … some folks will tell you a man’s gotta do what a man’s gotta do.

But, as the photos taken a day or so later confirm, the man seemingly couldn’t stop doing what a man’s gotta do. It’s not just the FWC doing the watching. We’re also out there, of course. Just like Matt. There are lots of Matts out there in the Pass.

It’s something one guide has already learned. The hard way. A second degree misdemeanor hard way. Plus, if convicted, a criminal record, a possible $500 fine and, depending on the mood of the judge, up to six months in jail. We can probably toss in three very ticked off charter clients. Let’s also not forget the 100,000 or so social media and website hits. Consider them a bonus.

Who’s really in that boat a few feet away? There’s an easy way to find out. Drop an “old jig” into the Pass. Or a “new jig” that, as FWC law enforcement has clearly stated, is just a quick wrist flick away from becoming the same “old jig” their bosses banned by a 7-0 vote late last year.

So go ahead. It’s like they say. You’ll never know until you try. It’s not like anyone’s watching. Right?

But if you are, the number for the FWC’s “Wildlife Alert Line” is 888-404-3922. You can choose to remain anonymous. The FWC offers rewards for information leading to a prosecution and conviction. Save the Tarpon is also chipping in more than $1,000 on top of the FWC reward.

And, if you’re wondering, Matt has declined any reward resulting from his call to the FWC. He said seeing the new rules aggressively enforced is all the reward he needs.

PTTS captain facing FWC criminal charges for fishing ‘new jig’

Capt. Jim Huddleston

FWC officers are shown detaining Huddleston and his charter clients May 15 in Boca Grande Pass. Huddleston is facing criminal charges as a result of the stop that allegedly turned up two modified bottom weighted jigs.

Just days after the so-called “new jig” made its debut in Boca Grande Pass, a Tampa Bay area fishing guide and prominent Professional Tarpon Tournament Series team captain quickly found himself – and his “new jig” – on the wrong side of the law.

James W. Huddleston, 44, of Palm Harbor is scheduled to make a June 3 court appearance in Fort Myers where he’s facing second degree misdemeanor charges, up to six months in jail and a $500 fine if convicted of using illegal gear, according to records provided by the Florida Fish and Wildlife Conservation Commission. His arraignment is set for 8 a.m.

According to the FWC, officers approached Huddleston’s charter boat around 8:50 a.m. in Boca Grande Pass on Thursday, May 15. The officers said an observer in a nearby boat had tipped them off that Huddleston and his clients were using a form of bottom weighted “jig” outlawed as a foul-hooking device last year by the commission.

Officers said they saw “an obvious illegal jig” on a rod being held by one of Huddleston’s three charter clients. “The weight was clearly below the hook,” the officers said.

As they drew near Huddleston’s boat, officers said the client dropped his line and its bottom-weighted hook into the water. Officers said they immediately instructed the client to reel up, secured the jig aboard their patrol vessel and observed a weight attached to the bottom of the hook.

Capt Jim Huddleston

Huddleston is also a Tampa Bay Times fishing writer.

A second Huddleston client was then told to reel up, according to the report.  The FWC officers said it was discovered this line was also illegally rigged.

Police said Huddleston attempted to place the blame on his absent and unnamed mate who, he claimed, “rigged those poles for me this morning.”

He also told the officers the hooks his clients were using had pulled out of the jig’s soft plastic tails. Officers said they told Huddleston the rig was still unlawful as it “allows the weight to slide down the hook with a simple manipulation from the angler.”

Critics of the “new jig” agree, noting the hook was designed, as Huddleston told the FWC, to be pulled from the jig’s tail to allow the weight to break free and slip under the hook.

Huddleston’s clients were not cited. According to the FWC report, “Huddleston is a guide and at the time on a paying charter fishing trip. His clients hire him for his knowledge and experience.”

Capt Jim Huddleston

Huddleston, aka ‘Captain Hud.’

The officers noted that Huddleston’s use “of a lighter monofilament to attach the weight … shows clear intent to violate the rule.”

Huddleston is a veteran PTTS captain who has been sponsored in the past by World of Beer and Safeco Insurance. His 2014 PTTS sponsor, according to the TV show’s website, is Hendrick Roofing Inc. His website notes Mercury Marine Outboards, G Loomis Rods, Optima Batteries, Shearwater Boats Mirrolure and the Big Fish Tackle Company as additional sponsors.

Huddleston’s 2014 PTTS team includes anglers Randy Hendrick, Brad Bond and Jayson Brandgard, according to the PTTS website. In 2012, Huddleston took sixth place in the PTTS “Team of the Year” competition. He also posted a Week 5 win that year with a tarpon that tipped the PTTS scales at 174 pounds. His 2013 fortunes sagged as he and his Safeco Insurance team finished 32nd on the season, well out of the money.

Officers said Huddleston was not taken into custody and was allowed to complete his charter – with whatever legally rigged gear he had on board. Huddleston is also a Tampa Bay Times correspondent who writes a regular fishing column for the newspaper entitled “Captain’s Corner.”

(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

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

The ‘new jig’ is here, and it’s the same old scam

Boca Grande Jig 2.0Save The Tarpon, along with its more than 25,000 members and supporters, welcomes you to Boca Grande and our iconic fishery, the migratory home of the storied Silver King. We wish you the best of luck, as well as some great tarpon fishing stories and memories that will last forever.

There’s a situation we’re dealing with that you need to know about before dropping that first line in the water. Late last year the rules governing tarpon fishing in Boca Grande Pass were changed by the people who write Florida’s fish and game rules. And, as expected, not everyone is playing by those rules. There is a very real risk your fishing trip of a lifetime could become a very real nightmare.

The promised “new jig” has made its long-awaited debut in Boca Grande Pass. It’s a clumsy and obvious ruse that isn’t fooling anyone, including law enforcement. All it takes is a flick of the wrist, and the familiar-looking contraption in the photo transforms into the same old notorious bottom weighted tarpon-snagging machine outlawed last year by a unanimous vote of the Florida Fish and Wildlife Conservation Commission.

How? An oversized hook is flimsily rigged to pierce the edge of “Jig 2.0’s” latex tail. This is designed to change the angle of the thing and, in theory, elevate the weight above the hook. To temporarily make it look all legal-like. As you can see from the photos, it comes close. But not quite.

…if this gear is on board a fishing vessel while inside the boundaries of the Pass, it cannot be attached to any rod, line or leader and must be stowed.

Once the device hits the water, the captain gives it a quick jerk, the hook breaks free, the rod and its now-bottom weighted and illegal “jig” are handed off to the unsuspecting client and they’re back to fishing and flossing like it’s 2013.

The regulations (and they’re regulations, not suggestions) adopted by the FWC are pretty specific. In the FWC’s words: “Fishing with gear that has a weight attached to a hook, artificial fly or lure in such a way that the weight hangs lower than the hook when the line or leader is suspended vertically from the rod is prohibited.”

Further, “if this gear is on board a fishing vessel while inside the boundaries of the Pass, it cannot be attached to any rod, line or leader and must be stowed.” Beyond not using these things, the FWC says you can’t even have them on you or on your rod or anywhere you might be able to get at them while afloat.

The FWC didn’t stop there. The FWC tossed in a little something these geniuses seemingly forgot. The folks at the FWC knew who they were dealing with. The FWC saw them coming when the new Boca Grande gear restrictions were drafted. The FWC anticipated the die-hards would attempt to find a way around the “suspended vertically” test. And, as we’re now seeing, the FWC was right.

While the FWC knew it WOULD happen, the FWC didn’t know exactly HOW it would happen. So the commissioners also adopted language designed to literally “cut them off at the Pass.” It reads: “Snagging, snatch hooking, spearing and the use of a multiple hook in conjunction with live or dead natural bait is prohibited.”

Simply put, snagging and snatch hooking is illegal. Attempting to snag and snatch hook tarpon is illegal. And because the rig in the photo is designed to do just that, you might want to take a close look at what’s on that rod before putting it in your hands. If it looks like the thing in the photo, don’t do it. Your friendly guide is setting you up. If he gets busted, you get to go along for the ride. Cute. And how much did you pay for that charter?

Welcome to Boca Grande. We’re the “Tarpon Fishing Capital of the World.” We want you to enjoy the time you spend with us, and take home some great memories. Getting rung up on a misdemeanor fish and wildlife charge shouldn’t be one of those memories, however. It’s not worth the risk.

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

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…