Agenda 01/24/2012 Item # 9A1/24/2012 Item 9.A.
n FXECCMM SUW 1+,A t ' .
Request to discuss current regulation limiting the "stretched mesh" size of marine fthbg
nets to two (2) inches and possible actions by the Board of County Commissioners to
support efforts to rested these regulations.
OBJECTIVE: That the Board of County Commissioners (Board) reviews current limitations
relating to the "stretched mesh" size of marine fishing nets, receives information as to the
_ negative effects of these limitations, and discusses the manner by which the Board may support
any and all efforts to rescind these regulations.
CONSIDERATIONS: This item is before the Board at the request of the local commercial
fishing industry. The current two -inch stretched mesh size limitation is set forth in the Florida
Administrative Code, 68B- 4.0081(2Xd) and is intended to implement Article x Section 16 of
the Florida Constitution which strictly . prohibits the use of "gill nets.,' Despite the intent of
Article X, Section 16 of the Florida Constitution to "protect saltwater finfish, shellfish, and other
marine animals from unnecessary killing, overfishing and waste," this two -inch mesh limitation
has many damaging consequences such as non- targeted "by- catch" and the unnecessary killing
of substantial numbers of juvenile fish.
The Board initially received this request at its December 13, 2011 regular meeting, however
requested additional information and documentation which is included as backup to this Agenda
item. A proposed Resolution and letter to the Florida Fish and Wildlife Conservation
Commission is also included for the Board's consideration.
LE Ak CON. H NS; This item raises no legal issues, and requires a majority vote
for approval. - JAK
FISCALWACT: None.
i .gyp_,_ s_ _-_TI lyg1.
RECOMMENDATION: The local fishing industry is. merely asking for the ability to use the
marine net mesh size necessary to harvest legal, marketable fish and, in keeping with the intent of
the Florida Constitution, effectively reduce overfishing and waste. Accordingly, this is a
recommendation that the Board of County Commissioners recognizes the local fishing industries'
request and demonstrates its support (by letter or by resolution) to rescind the current twain_ ch
mesh size limitations set forth in the Florida Administrative Code, 68B- 4.0081(2)(d).
Prepared by: Jim Coletta
Commissioner, District 5
Packet Page -W-
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A.
1/24/2012 Item 9.A.
Item Summary: Request to discuss current regulations limiting the "stretched mesh" size
of marine fishing nets to two (2) inches and possible actions by the Board of County
Commissioners to support efforts to rescind these regulations.
Meeting Date: 1/24/2012
Prepared By
Name: Paula Springs
Title: Executive Aide to the BCC,
1/13/2012 12:54:02 PM
Approved By
n Name: KlatzkowJeff
Title: County Attorney,
Date: 1/13/2012 2:34Al PM
Name: MitchellIan
Title: Executive Manager, BCC
Date: 1/13/2012 5:21:40 PM
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 1/17/2012 8:48:30 AM
Packet Page -649-
1/24/2012 Item 9.A.
RESOLUTION NO. 2012 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPPORTING ANY AND ALL EFFORTS TO RESCIND
CURRENT REGULATIONS SET FORTH IN THE FLORIDA
ADMINISTRATIVE CODE THAT RESTRICT THE MESH SIZE
OF FISHING NETS TO TWO (2) INCHES OR LESS.
WHEREAS, Article X, Section 16 of the Florida Constitution mandates certain
limitations on marine net fishing in Florida waters in order "protect saltwater finfish, shellfish,
and other marine animals from unnecessary killing, overfishing and waste;" and
WHEREAS, one of the limitations set forth in Article X, Section 16 of the Florida
Constitution is the prohibition on the use of "gill nets" or other entangling net in any Florida
waters; and
WHEREAS, to implement this prohibition, the Florida Administrative Code, 68B-
4.0081(2)(d), limits the "stretched mesh" size of marine fishing nets to two (2) inches and states
in part, "Any such net, with a mesh size greater than 2 inches stretched mesh shall be considered
an entangling net ...;" and
WHEREAS, in response to concerns raised by the Collier County commercial fishing
industry, the Board of County Commissioners (Board) recognizes the damaging effects of the
two -inch mesh size limit which results in non - targeted by -catch and the unnecessary killing of
substantial numbers of juvenile fish; such damaging effects being contrary to the intent of Article
X, Section 16 of the Florida Constitution; and
WHEREAS, the Board believes that Florida's fishing industry would be better served by
eliminating the two -inch mesh size rule as it would allow fishermen the ability to use the marine
net mesh size necessary to harvest legal, marketable fish and reduce unnecessary killing,
overfishing, and waste.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that, in order to improve Florida
fishing industry and reduce non - targeted by -catch and overfishing, the Board of County
Commissioners supports any and all efforts to rescind current regulations set forth in the Florida
Administrative Code that restrict the mesh size of fishing nets to two (2) inches or less.
Page 1 of 2
Packet Page -650-
1/24/2012 Item 9.A.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted to
Collier County's Legislative Delegation and the Florida Fish and Wildlife Conservation
Commission.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this day of 72012.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Appri ved to form and
legal uff ' cy:
i
Jeffre A, atzkow
CountiAJt orney
S
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
Page 2 of 2
Packet Page -651-
FRED W. COYLE, CHAIRMAN
January 24, 2012
Ms. Kathy Barco, Chairman
Dear Chairman Barco:
Article X, Section 16 of the Florida Consti
fishing in Florida waters in order " rotes
animals from unnecessary killing, werfishi
Article X, Section 16 of the Florida °Consititii
other entangling nets in any Florida wate
Administrative Code, 68B- 4.0081 (2)(d)), ;lit
nets to two (2) inches' and statesdri part, "Ax
stretched mesh shall .be' considered an entani
1/24/2012 Item 9.A.
onamandates :certain limitations on marine net
,altwater= firifish, shellfish, and Wither marine
and waste. One of the limitations set forth in
in is the prohibition on the use of "gill nets" or
To implement_ this prohibition, the Florida
thes`stretched mesh" size of marine fishing
uchmet, with a mesh size greater than 2 inches
In response to concerns raised bythe Collier County commercial fishing industry, the Board
of County Comnissioners'(Board) recognizes theAdamaging effects of the two -inch mesh size
limit which results .in, non-tageted
V"cat6k ands the unnecessary killing of substantial
numbers of juvenile fish; such` damaging effects being contrary to the intent of Article X,
!
Section kof the Florida Constitution.,,
The Board believes that Florida's fishing industry would be better served by eliminating the
two -inch mesh size rule as it would allow fishermen the ability to use the marine net mesh
size necessary to harvest legal, marketable fish and reduce unnecessary killing, overfishing,
and waste. :
In order to improve Florida fishing industry and reduce non - targeted by -catch and
overfishing, the Board of County Commissioners supports any and all efforts to rescind
current regulations set forth in the Florida Administrative Code that restrict the mesh size of
fishing nets to two (2) inches or less.
Packet Page -652-
1/24/2012 Item 9.A.
Page 2
Copies of this letter will be transmitted to the Collier County Legislative Delegation in
addition to your good self.
We would ask all recipients of this letter to consider the evidence and actively support this
request. I 11
FW(
Cc:
Rep.
Rep.
Rep.
Rep.
Rep.
Sen.
Sen.
Encli
Packet Page -653-
1/24/2012 Item 9.A.
Observation and catch analysis of an experimental
rectangular net in Wakulla and Franklin counties, Florida
Introduction
This study was initiated by the FWC Net Work Group formed by action on the
FWC Commissioners in May 2005. The work group is comprised of representatives for
Florida's commercial net fishery, and FWC's Division of Law Enforcement, Division of
Marine Fisheries Management, Legal office, and the Fish and Wildlife Research
Institute. The goal of this work group is to evaluate nets and fishery gear for fishermen
for possible inclusion in Commission rule, without violating the Net Limitation
Amendment.
On June 9, 2005 the work group met to finalize plans for the testing of the first
gear proposed by the industry. The net to be tested was similar in design to the current
legal net used by the industry, with the exception of a larger mesh size (3" str vs 2" str).
The objectives of this preliminary field study were to define catch characteristics and the
primary mode of capture of the two nylon mesh rectangular nets.
Materials and Methods
• Sampling was conducted on June 15 and 16, 2005 in the coastal and near -
shore waters of Wakulla and Franklin counties in the Florida panhandle
(Figure 1).
• One day of sampling was conducted in the St. Mark's area and one day in St.
George Island area. Ten net sets were made each day. The order of the
tandem net sets (i.e. 2" first or 3" first) was randomly selected ahead prior to
setting the nets.
• All nets were set from a mullet skiff provided by Cpt. Keith Ward (FFF).
Additional crew included Daniel Weston (FFF), Brent Winner (study Pl, FWC
biologist), and Lt. Rob Beaton (law enforcement observer, FWC).
• Two 500 sq. ft. rectangular nets were fished in tandem, but not connected, at
each sampling site. One of the nets consisted of 2" stretch nylon mesh with
#104 twine (6 meshes per 6" tie) and measured 30 meshes deep by -190 feet
long. The second net consisted of 3" stretch nylon mesh with #104 twine (4
meshes per 6" tie) and measured 20 meshes deep by -190 feet long.
Packet Page -654-
1/24/2012 Item 9.A.
• The net was be deployed in a run - around fashion (i.e. semi - circular set) on
sight fished schools of mullet. Retrieval of the net began immediately after
the last net went off the stern of the boat in order to minimize soak time and
reduce gill and entangling of the catch.
The following physical parameters were collected: collection ID #, gear type,
set time, water depth, location (lat/lon), wind direction and speed, cloud cover,
precipitation, tide, water temperature and salinity, bottom type, bottom
vegetation type and % cover, shoreline habitat characteristics (type,
proximity, inundation, overhang, % cover), net retrieval time. Soak time
(minutes) of each net was calculated by subtracting the net retrieval time from
the initial set time.
• The following biological parameters were collected: species, length (standard
length, mm), mode of capture (gill /entangled or not gill /entangled in the
mesh). Capture codes were assigned and agreed upon by all crew members.
Results
• A total of 262 fish were collected during the two day study, representing 11
species of fish (Table 1).
• One hundred and fifty -two fish were collected with the 2" mesh net, representing
10 species of fish. This catch was dominated by white mullet (n =62), striped
mullet (n =30), and pinfish (n =23, Table 1).
• One hundred and ten fish were collected with the 3" mesh net, representing four
species of fish. This catch was dominated by striped mullet (n =105, Table 1).
• Longer soak times (i.e. nets set first vs last) resulted in the collection of more fish
in both gear types (Tables 2 & 3). When the 2" mesh net was set first, 105 fish
were collected, compared with 47 fish collected when this net was set last.
Similarly, when the 3" mesh net was set first, 64 fish were collected, compared
with 46 fish collected when this net was set last.
• Although soak time seemed to increase the number of fish collected in each gear
type there was not a strong relationship between soak time or net order and the
percentage of gilled fish within each net set (Figure 2). The mean gilling ratios
(all species included) for the 2" mesh net was 65.8% (s.d. = 35.25) when the net
was set first and 70.8% (s.d. = 26.46) when set last. The mean gilling ratios (all
species included) for the 3" mesh net was 71.9% (s.d. = 39.52) when the net was
set first and 59.82% (s.d. = 36.41) when set last.
2
Packet Page -655-
1/24/2012 Item 9.A.
• Overall, more fish were gilled and /or entangled in the mesh than fish that were
not (Tables 2 & 3). A total of 118 fish were gilled in the 2" mesh net and 81 in the
3" mesh net. Gilling ratios ranged from 0 -100% in both gears.
The mean number of fish gilled per set did not differ significantly between gears.
The 2" mesh net had a mean gilling ratio of 67.8% (s.d. = 31.37) and the 3" mesh
net had a mean gilling ratio of 65.8% (s.d. = 37.04, Figure 3) with all species
combined. Mean gilling ratios of striped mullet were less than the 'all- species'
mean, but still did not differ significantly among gears (2" mesh net: 58.9 %, s.d.
= 45.93; 3" mesh net:52.1 %, s.d. = 35.38, Figure 4).
• The size of fish collected between gears was different. Mesh selectivity of the
two gears clearly showed that small fish were collected in the 2" mesh net than in
the 3" mesh net (Figures 3 & 4).
• Fish collected in the 2" mesh ranged from 105 — 660 mm SL, with a majority of
the fish less than 225 mm SL (Figures 3 & 4). The mean size of fish gilled in the
2" mesh net was 177.1 and 219.1 for fish not gilled. Mullet collected with the 2"
mesh net ranged in size from 161 — 293 mm SL. Most of these mullet were of
sublegal size (legal mullet must be >_11" FL which converts to —244mm SL). The
mean SL of gilled mullet (184.5 mm SL) was lower than the mean for those
mullet that were not gilled (216.8 mm SL). A unique /rare catch of two large red
drum occurred with the 2" mesh net. Both individuals were 'seined' up by the
gear, measured quickly, and released alive.
• Fish collected in the 3" mesh ranged from 143 — 378 mm SL, with a majority of
the fish greater than 250 mm SL (Figures 3 & 4). The mean size of fish gilled in
the 2" mesh net was 267.8 and 279.4 for fish not gilled. Mullet collected with the
3" mesh net ranged in size from 233 — 378 mm SL. Most of these mullet were of
legal size (legal mullet must be >_11" FL which converts to —244mm SL). The
mean SL of gilled mullet (269.7 mm SL) was only slightly lower than the mean for
those mullet that were not gilled (279.4 mm SL).
3
Packet Page -656-
1/24/2012 Item 9.A.
4
Packet Page -657-
120
100
80
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t
N
ji 40
0
20
0
1/24/2012 Item 9.A.
% fish gilled by gear and soak minutes
•
O
O
•
•
O
•
•
0
O
•
•
O
O
O
O
O
O
O
0 1 2 3 4 5 6
Soak minutes
• 2" mesh net
0 3" mesh net
Figure 2. Relationship between percentage of gilled fish and net soak time for both 2"
and 3" mesh nets. Data includes 20 hauls of each net.
5
Packet Page -658-
/'%.,
n
40
35
30
25
20
15
10
`'— 5
O
O
0
-AZ 5
10
15
20
25
30
35
40
All species combined
67.8% gilled
Mean SL mm•
nr�ued1 -�u�
65.8% gilled
Mean SL mm•
n erl Not gme.l
267.8 279.4
1/24/2012 Item 9.A.
2" mesh
gilled (n =118)
not gilled (n =34)
3" mesh
gilled (n =81)
not gilled (n =29)
100 150 200 250 300 350 400 450 500 550 600 650
Fork length (mm)
Figure 3. Length frequency comparison of gilled and non - gilled fish (all species
combined) between 2" and 3" mesh rectangular nets.
6
Packet Page -659-
30
25
20
15
10
5
O
ni 0
^W^
5
10
15
20
25
30
1/24/2012 Item 9.A.
Striped mullet (Mugil cephalus)
= 2" mesh
gilled (n =18)
= not gilled (n =12)
58.9% gilled
Mean SL mm`
184.5 216.8 ~ •
-
,� ,
52.1% gilled
Mean SL mm•
rincrl
=
--Not gj!l°ai
269.7 279.4
3" mesh
- gilled (n =76)
= not gilled (n =29)
100 150 200 250 300 350
Fork length (mm)
Figure 4. Length frequency comparison of gilled and non - gilled striped mullet between
2" and 3" mesh rectangular nets.
7
Packet Page -660-
1/24/2012 Item 9.A.
Table 1. Summary of species collected during gear testing (June 15 -16, 2005) in Wakulla and Franklin
counties, Florida. Sampling effort, or total number or hauls, is labeled 'E'. Taxa are
arranged alphabetically by common name.
8
Packet Page -661-
Gear
Total
2"
3"
E =20
E =20
E =40
Common name
12
1
13
Atlantic croaker
Gafftopsail catfish
1
1
Hardhead catfish
4
3
7
Ladyfish
2
2
Pigfish
7
7
Pinfish
23
23
Red drum
2
2
Silver perch
5
5
Spot
5
5
Striped mullet
30
105
135
White mullet
62
62
Total
152
110
262
8
Packet Page -661-
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1/24/2012 Item 9.A.
December 13 -14, 2011
Item #9L
DISCUSSION REGARDING MESH SIZE OF FISHING NETS
FOR LOCAL FISHERMEN AND A PROPOSAL TO WRITE A
LETTER OF SUPPORT TO FLORIDA FISH AND WILDLIFE
COMMISSION SUPPORTING THE ABILITY FOR FISHERMEN
TO USE WHATEVER MESH NECESSARY TO HARVEST
LEGAL, MARKETABLE FISH — MOTION TO APPROVE AND
STAFF TO GATHER INFORMATION TO BE BROUGHT BACK
AT THE JANUARY 24, 2012 BCC MEETING — APPROVED
MR. OCHS: Commissioners, that takes us to Item 9L on your
agenda. It was a 5:15 p.m. time - certain item, discussion regarding the
issue of mesh size for nets for local fishermen and a proposal to write a
letter of support to the south -- excuse me -- the Florida Fish and
Wildlife Commission supporting the ability of fishermen to use
whatever mesh necessary to harvest legal, marketable fish.
And this was brought to the agenda by Commissioner Coletta.
COMMISSIONER COLETTA: Yes. Thank you very much.
This is -- one thing I got to make clear right off the bat, this has
nothing at all to do about doing away with the net ban, and that's some
misinformation that was put out there by someone who didn't take a
little time to research it.
This has only to do about the mesh size of the net. And with that,
Christina, are you going to make the presentation or --
MS. JOHNSON: I'm happy to. Can I come forward?
COMMISSIONER COLETTA: Yes, please, come forward.
Bring your props up here, and we'll demonstrate to my fellow
commissioners what we're talking about, how this will save the fish
stock.
MS. JOHNSON: Okay. My husband has the net, so --.and he •-•
Page 1
Packet Page -664-
1/24/2012 Item 9.A.
December 13 -14, 2011
also has a net display.
COMMISSIONER COLETTA: For the record, say your name,
and your husband can also introduce himself.
MS. JOHNSON: My name's Christina Johnson. I'm from
Everglades City, and I am representing the commercial fishing
community in Collier County.
MR. JOHNSON: My name is Grady Johnson. I'm from
Everglades City. I'm also representing the area and other fishermen in
the county.
We appreciate your time on this issue. And, again, I would like to
second everything Mr. Coletta said. We're not here about overturning
the Net Limitation Act. All we're simply asking is for your support in
a letter to the FWC and help us create and fix a problem that's been
created by them with science.
And right now we've been told that we're going to be ruled by
politics by this agency. So given that fact, that's why we're here today
to bring it to you guy's attention as our representatives in the local area.
We're one of the biggest counties in the State of Florida, have pretty
much, as far as I know, the majority of the coastline. We have more
coastline than any other county in the state. That being said, we have a
tremendous amount of fishing families and people in this county that
depend on the fisheries, you know, for their livings.
Right now we would like to let you know that there's several
people actively working right now out on the stone crab boats and stuff
like that that couldn't be here today that asked for us to bring that to
your attention. Due to their work schedule, they weren't able to be
here.
But what we'd like to bring to your attention is -- if I may
approach, if you would like to see this closer. This represents a
juvenile fish. It's illegal to harvest in the State of Florida. For instance,
a mullet, legally harvested in Florida, has to be 11 inches or bigger.
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The problem we have is the FWC has mandated us to use the
2 -inch stretch mesh maximum, okay. Well, as you can see, the juvenile
fish gets hung up and gilled in the 2 -inch mesh.
What we're asking is to do away with this mandate and allow the
expertise to go back to the fishermen and to go back to the existing
laws that still exist on the books for each fisheries. For instance.
mullet has anything from a 3- and -a- half -inch mesh stretch on up to
bigger to harvest. Different times of the year dictates a different hole
in the mesh.
Just by simply going up an inch in size, as you can see, the
juvenile is able to go right through the holes and escape unharmed.
So what we're asking is for your support. And, again, we realize
that you -all don't have the power to overturn this, but you do have the
power to show the commission that there is more involved than just a
handful of people asking for this big problem to be corrected.
These nets right here, the 2 -inch mesh, have a 98- percent by-
catch. We have a study that was conducted by the study in two
thousand and --
MS. JOHNSON: 2005.
MR. JOHNSON: -- and five by a friend of mine in North Florida,
along with FWC, they went out with a 2 -inch mesh and a 3 -inch mesh,
which is represented here, deployed them simultaneously, and by their
study, a two -day study that was paid for by the taxpayers, I might add,
they proved that these nets that are mandated today for us to use have a
98- percent by -catch which, translated, means for every two fish that
we take to market out of the 2 -inch mesh, we're killing 98 juveniles.
Now, that's not selective. That could be redfish, that could be
trout, that could be snook, that can be any of our sports fish, which is
very important to the State of Florida, I might add, because as we all
know we do have a tremendous amount of people -- Everglades City,
that Mr. Coletta represents, is the snook capital of the world. We're '�
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proud of that. We want to maintain that.
So we're asking for your support to help us correct a problem
that's been created by government bureaucracy, if I might say, and
they're failing to recognize the science of it and choosing to rule this
industry by politics which, given the current circumstances today with
the economy and the things that are going on, I truly believe that
politics have changed a lot since 1994, '95 range.
There's people out here that are hurting. These nets -- I have one
in that bucket over'there. If I might, I might approach the bench so I
can show you what a legal net is and how big and do away with some
of the myths that you see these photographs of piles of net. We don't
have that anymore. What we're allowed is --
COMMISSIONER COLETTA: Go ahead and get the net and
show them.
MR. JOHNSON: If I may.
COMMISSIONER COLETTA: And do you have some
suggestive wording that you might give the commission to be able to
incorporate in the letter?
MS. JOHNSON: I would suggest that you would ask the FWC to
use the science and not the politics. You know, they're actually
required by the Magnuson- Stevens Act to use the best science
available, and they refuse to do so.
In a meeting, just like we're all sitting here today, they have
refused several times. They have said, we're not going to rule your
industry by science. We're going to use politics. We think it's
politically unpopular to fix your net, so we're not going to fix it.
So our solution is to come home, come to our county, city, and
state leaders, and say, "help us ". They will not -- the FWC refuses to
help us. Where do we turn? The commercial fisheries are a vital
component of the economy here.
MR. JOHNSON: If I -- I would like to point out, too, as I know
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your time --
CHAIRMAN COYLE: We're going to have to get you on the
mic in order to satisfy our requirements, okay.
COMMISSIONER COLETTA: We'll bring you one. Stay right
there.
MR. JOHNSON: Thank you.
What I'd like to point out with this, as you can see by their
mandate, we're a strictly inshore fishery. We are forced to deploy
these nets in our estuaries because -- just the fact of how deep they are
right now.
Without going deeply into it, common sense tells you that all
juvenile fish -- the Everglades is one of the biggest estuaries in the
State of Florida, and I'm proud of that, and I'm tired of being forced by
a government mandate to destroy it. It's my home. It's where I make
my living. It's where I've raised my family. It's where I've been raised.
I'm sixth- generation native commercial fisherman, and I'm proud of
that.
You know, I got family that homesteaded, you know, not too far
north of here, a little island in Estero Bay called Mound Key. So we've
been here for hundreds of years, and we're probably some of the best
stewards of the environment.
And as Commissioner Coletta has pointed out, there's been a
tremendous amount of false propaganda, demagoguery, and whatever
else you want to label it, to put on us. And what we're asking is --
we're not asking for anybody to support overturning the Net Limitation
Act. We're asking to be able to live within the means of it.
Florida Supreme Court in 1998 --
MS. JOHNSON: No, '93.
MR. JOHNSON: --'93, excuse me --
MS. JOHNSON: -- before it went on the ballot.
MR. JOHNSON: -- before the -- before the amendment went to
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the ballot, it had to be described by the Supreme Court as what the sole
purpose of the voter intent would be. The Florida Supreme Court ruled
that the sole purpose of the intent of the amendment was to stop the
unnecessary killing, waste, and overharvest.
CHAIRMAN COYLE: Let me tell you what you can do to help
us. I don't think you're going to get any opposition from us in writing a
letter of support for you.
MR. JOHNSON: Okay.
CHAIRMAN COYLE: Now, what we need to do is prepare a
good letter of support.
MR. JOHNSON: Yes, okay.
CHAIRMAN COYLE: Okay. Now, we're not experts in this
area, but your presentation that was contained in our packet was very
convincing.
MR. JOHNSON: Yes.
CHAIRMAN COYLE: The photographs that you had were very
convincing. But you've mentioned that the science has proved that the
bycatch is increased by small mesh sizes.
MR. JOHNSON: Yes, sir.
CHAIRMAN COYLE: So help us craft something relatively
brief. Bureaucrats don't read voluminous documents.
MS. JOHNSON: Right.
MR. JOHNSON: Right.
CHAIRMAN COYLE: If you don't get it on one page --
MR. JOHNSON: You don't get it.
CHAIRMAN COYLE: -- you probably don't get it.
MR. JOHNSON: Yes, sir.
CHAIRMAN COYLE: So if we can reduce our statement of
support and our reason why and identify the scientific studies that have
been conducted and their results; that would be very, very helpful for
US.
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MR. JOHNSON: Yes, sir.
CHAIRMAN COYLE: So I personally will support you in this
effort, but I can't write the letter for you because I don't know enough
about it to make a convincing statement.
MR. JOHNSON: And that's no problem. We'll work with
whoever we need to work with. The documents are available.
Christina, my wife, has brought some with her today.
CHAIRMAN COYLE: Okay.
MR. JOHNSON: The easiest way would be to refer back to the
net test that was conducted.
CHAIRMAN COYLE: Okay.
MR. JOHNSON: And it's in black and white. It's right there. It's
available in public record.
MS. JOHNSON: And I would be willing to, you know, sit down
with any of you. You know, I don't know what the protocol is.
CHAIRMAN COYLE: Well, we'll have the County Manager
identify -- I mean, assuming we approve it. I've got to get to
Commissioner Henning because his light's been on for a while, but --
MS. JOHNSON: Okay.
CHAIRMAN COYLE: -- let us do our deliberations here and
then see if we can't agree on a course of action and then we'll try to
bring it to a conclusion here.
MR. JOHNSON: Yes, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning.
COMMISSIONER HENNING: I thought that Commissioner
Coletta's aide was working with the County Attorney's Office --
COMMISSIONER COLETTA: That's what I was going to
suggest.
COMMISSIONER HENNING: -- for a resolution.
Jeff, do you know anything about -- has your office coordinated
with Commissioner Coletta's aide?
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MR. KLATZKOW: I'm not aware of it.
COMMISSIONER HENNING: Okay. Don't you think a
resolution would be the best form of action? I'm making a, you know,
statement, a real good statement.
MR. KLATZKOW: Yes. And we can do that, certainly.
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: If you can incorporate all of the evidence
in a resolution, that would be good.
MR. KLATZKOW: We can do that.
CHAIRMAN COYLE: But if you can't, we're going to have to
go with a letter. I mean, you might be better off going to the
legislative delegation, frankly, because they've got more sway over the
FWC than even you do.
COMMISSIONER HENNING: Yeah. And Christina has been
working with Senator Richter.
MR. KLATZKOW: Exactly.
COMMISSIONER HENNING: We should get something to our
legislation delegation also. Senator Richter, as I understand, is very
supportive.
MS. JOHNSON: I am going to be meeting with him Thursday.
COMMISSIONER HENNING: Ah, what time?
MS. JOHNSON: I have been -- 10:305 I believe. I have been, you
know, emailing with his aide and sending information. So we have not
yet gotten to sit down and speak, you know, one -on -one.
COMMISSIONER HENNING: May I join you in that meeting?
MS. JOHNSON: Yes, absolutely.
COMMISSIONER HENNING: I -- it's quite ironic. I have two
cast nets.
MR. JOHNSON: Yes.
COMMISSIONER HENNING: I have a bait net, smaller mesh,
that I throw out there for bait, and I get mullet in there with it.
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December 13 -14, 2011
MR. JOHNSON: Yes.
COMMISSIONER HENNING: But if I throw my mullet net out,
I never get any bait in there because the mesh is so big, so --
MR. JOHNSON: Yes, sir.
COMMISSIONER HENNING: So what you're saying is just
common sense, and it works.
MR. JOHNSON: Yes.
MS. JOHNSON: Absolutely.
COMMISSIONER HENNING: And the bottom line, these
people just want to improve the economy on what they have done
historically for generations.
MR. JOHNSON: Yes, sir.
COMMISSIONER HENNING: And I've been up to Mound Key
where your great grandfather --
MR. JOHNSON: My great -- my great, great grandmother, sixth
generation, grandmother and grandfather homesteaded that island.
And I have a copy of the deed. The date escapes me, but it was signed
by the President of the United States. So we've been here a day or two.
And we just appreciate your efforts on this.
Also, too, I'd like to bring your attention, too, that we do have a
United States representative, too, that's on board with us from the
Panhandle region. Steve Sutherlin is his name. He has been very
active and very vocal in helping us and is a very good support system
for us on the federal. And he's well versed on everything that's going
on, too.
So just to give you guys a taste that this is not just a local isolated
issue. It has made its own way up to the federal level.
CHAIRMAN COYLE: It's got legs.
Okay. Commissioner --
MR. MITCHELL: Sir, you do have public speakers as well.
CHAIRMAN COYLE: How many speakers do we have?
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MR. MITCHELL: One, two, three -- three.
CHAIRMAN COYLE: Okay. Let's go to Commissioner Coletta
first.
COMMISSIONER COLETTA: Well, no. Let's go to the public
speakers. I'll wait until after.
CHAIRMAN COYLE: Well, I was going to ask them, if we're
going to vote in favor of them, what is it you need to tell us.
COMMISSIONER COLETTA: Yeah, yeah, exactly.
MR. ROBINSON: I want to tell them one more thing.
COMMISSIONER FIALA: I'd also like to say -- I can't get my
button on, by the way, Leo. Could you have somebody check this out
tonight?
CHAIRMAN COYLE: No, I've got it cut off over here.
COMMISSIONER FIALA: What I'd also like to do is -- you
know, we should make sure that we send this letter to all of our
legislative delegation, as well as the Florida Association of Counties.
And I am the representative for Collier County with that -- with the
Florida Association of Counties. So I'd like to send it there and see if
we can't get them to work on our behalf as well as your behalf, because
I think that this is -- it's not only important to the fishing industry; it's
important to the restaurant industry --
MS. JOHNSON: Absolutely.
COMMISSIONER FIALA: -- and it's important to the tourism
industry, as well as our winter residents who come down and join us.
This is -- you know, this little subject here is enormous.
MS. JOHNSON: Yes, it is. It really is.
MR. JOHNSON: Yes, ma'am. One of the things I'd like to point
out --
CHAIRMAN COYLE: Okay. Let us get a motion here and get
this thing moving ahead.
COMMISSIONER COLETTA: I'll make the motion that we can
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December 13 -14, 2011
go ahead and direct --
MR. MITCHELL: Sir, do you -- the public speakers. I think
some of them still want to speak.
CHAIRMAN COYLE: Okay. How many of you still want to
speak if we're voting to --
MR. JOHNSON: We have one, Mr. Robert Robertson.
CHAIRMAN COYLE: Okay.
MR. MITCHELL: And Duane Billington wants to speak.
CHAIRMAN COYLE: And Duane Billington, okay.
Go ahead, sir.
MR. ROBINSON: Good Evening, Commissioners. Robert
Robinson. I also am like Grady. My father came from Corkscrew. So
I was born on Marco. I've always fished. And all I want to say is
fishermen have always fished net - specific. Every -- during the year
you have to change from this size to this size to this size simply
because that's the economics of the way you fish. ^
You catch small fish. Later in the year you catch bigger fish. So
these meshes get bigger as the year goes on.
Right now if you were row fishing, you would be fishing a mesh
nearly twice as big as this. So the economics of it requires the
fishermen to have to have three nets. One size don't fit all.
And so that's something that should be put into this that was not
in the net ban and all of this. And there's -- then there's several other
things, but that's the primary thing I wanted to tell you is, a net is --
used to be for that -- specific to that time of year.
CHAIRMAN COYLE: We've got it, okay.
MR. MITCHELL: Sir, the next --
CHAIRMAN COYLE: All right.
MR. MITCHELL: The speaker will be Duane Billington, and
he'll be followed by Denise Reppa.
MR. BILLINGTON: For the record, Duane Billington.
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I understand and empathize with the people in the fishing
industry, and perhaps some more research is necessary. I don't know
what's out there. There wasn't -- the only thing in the supporting
documents on the website was a mock -up done in a driveway, which is
hardly scientific evidence.
There are studies that have been done, studies that are going on.
If we're going to write a letter, I think we ought to be citing
independent studies. We have local talent on board, county staff; Mac
Hatcher did a lot of research on the fisheries down on Marco Island.
You might want to talk to him for information on this.
But whatever is proposed, one, should not conflict with the net
ban, the gill net ban, and two, it should be science - based, and by
science that means independent review, not somebody with a stake in
the matter. Some university study or something like that.
Thank you.
CHAIRMAN COYLE: Okay, thank you. Is it okay if I take a --
take a vote on this? Does anybody want to tell us anything before we
approve it and we get you moving?
(No response.)
CHAIRMAN COYLE: Okay. All in favor?
MR. KLATZKOW: Did you want a resolution or a letter?
COMMISSIONER HENNING: A resolution is stronger than a
letter.
COMMISSIONER COLETTA: And it's more uniform. It can
reach more people.
COMMISSIONER HILLER: Are we equipped to issue a
resolution? Do we know enough, and what exactly are we resolving?
COMMISSIONER HENNING: First it has to come back to the
Board.
CHAIRMAN COYLE: It's got to come back to us anyway for
approval. We'll -- why don't we focus on getting the information
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December 13 -14, 2011
together and getting something written up about this, and then we'll ^
decide what format to put it in, okay.
MR. KLATZKOW: I think we're bringing this back then.
CHAIRMAN COYLE: Yeah. Oh, yeah. We'll bring it back as
quickly as possible.
COMMISSIONER FIALA: When do we need it by?
CHAIRMAN COYLE: Well, we'll bring it back -- can we get it
back on the next meeting, or is that going to be too quick?
MR. OCHS- That's not too quick.
CHAIRMAN COYLE: The second meeting in January?
MR. OCHS: Do it -- yes, 24th of January. All right.
CHAIRMAN COYLE: Let's try the 24th of January. Okay.
All in favor of the motion, please signify by saying aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye. ^
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously. We'll get
on it. We need your help. We'll contact you, and get this thing put
together for you.
COMMISSIONER FIALA: Yeah. I'm going up to Florida
Association of Counties on the 31 st of January. So if we have this in
hand --
CHAIRMAN COYLE: So -- I think we'll have it.
COMMISSIONER FIALA: Okay, good. Will that help you?
MR. JOHNSON: Yes, ma'am.
MS. JOHNSON: Absolutely.
COMMISSIONER FIALA: All righty. ^
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CHAIRMAN COYLE: Yeah. And we'll send copies to all of our
legislative representatives both in Washington and Tallahassee.
MR. JOHNSON: And we're going to be working independently
also, too, trying to find out who we need to be in contact with. My
wife and I are going to try and get it introduced walking the halls in the
legislative session this January.
CHAIRMAN COYLE: Well, good luck to you, and I commend
your activism. It's a good cause.
MR. JOHNSON: Thank you.
CHAIRMAN COYLE: And keep up the good work, okay.
MR.00HS: Commissioner?
CHAIRMAN COYLE: It is time for a commissioners' break.
MR. OCHS: You've got --
CHAIRMAN COYLE: We are finished.
COMMISSIONER HENNING: Good to see you, Bobby.
CHAIRMAN COYLE: We said we were going to quit at 6
o'clock.
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