Keys Treasures Blog » Fish

FWC Proposes More Protection for Bonefish

Keys — Fri, 19 Feb 2010 01:36:13 +0000

Contact: Lee Schlesinger, 850-487-0554

The Florida Fish and Wildlife Conservation Commission FWC proposed draft rule amendments Thursday to provide more protection for bonefish, a premier saltwater game fish in Florida.”Bonefish are a tremendous Florida resource,” said FWC Chairman Rodney Barreto. “These proposed rules will strengthen our management approach to protect and preserve bonefish so that anglers can continue to enjoy fishing for this great Florida game fish.”The proposed rules would include all species of bonefish in the FWCs bonefish management rules to help ensure that all bonefish in Florida waters are protected, extend FWC bonefish regulations into adjacent federal waters to aid enforcement and enhance bonefish protection, and require that bonefish be landed in whole condition to help officers in the field identify bonefish and aid in enforcement of bag and size limits.

Since 1988, it has been illegal to commercially harvest and sell bonefish in Florida, and a daily recreational bag limit of one bonefish 18 inches or greater in fork length applies.However, there is a temporary harvest and possession prohibition on bonefish in Florida until April 1 as a precaution, because of possible impacts to fish populations that may have occurred from the recent prolonged cold weather in Florida. Anglers may still catch and release bonefish during the temporary closure, and the FWC encourages everyone to handle and release them carefully to help ensure their survival upon release.A final public hearing on these proposed bonefish rule amendments will take place during the FWCs April meeting in the Tallahassee area.

via FWC News – FWC proposes more protection for bonefish.

More Lobster Mobsters Sentenced to Prison

Keys — Tue, 02 Feb 2010 23:23:11 +0000

By ADAM LINHARDT Citizen Staff

Two Bay Point men were sentenced to a year in prison on charges that they conspired to poach lobster, a judge ruled Monday, closing the last chapter on two illegal lobster harvesting cases that snared eight people.

John Buckheim, 23, and Nick Demauro, 24, both apologized to federal Judge James Lawrence King, their friends, family and wildlife officers.

“I acknowledge and take full responsibility for what I did,” Buckheim said. “I was young and stupid and I’m not implying that I’m old or wise now, only that I’m heading in the right direction. … I’m sorry for this major mistake and you won’t find me in this position again.”

Demauro told the judge he had “taken everything for granted.”

Both men pleaded guilty in October to harvesting lobsters by diving on illegal artificial habitats, called casitas, primarily in the Content Keys area north of Big Pine Key, from July 2008 through October 2008, according to court documents.

The judge granted U.S. Attorney Thomas Watts-Fitzgerald’s request to delay their prison sentence 100 days so both men can continue their work removing as many as 600 casitas from Florida Keys waters. The judge ordered both to surrender to corrections officials on May 12.

The judge also allowed both men to resume legal commercial fishing immediately upon their release from prison, despite the prosecutor’s recommendation that both be prohibited during the two years of supervision that is to follow their release.

Miami defense attorneys Bruce Alter and Steven Potolsky urged the judge to consider the defendants’ ages, their clean criminal histories and their desire to make amends as mitigating factors at sentencing, but the prosecutor was unmoved, painting the men as astute fishermen who knew the risks involved.

“These were not youths who stumbled into this,” the prosecutor told the judge, describing taped conversations between the two men, and the hundreds of casitas they fished.

Buckheim and Demauro worked for David and Denise Dreifort of Cudjoe Key at one time. The latter were sentenced in July for spearheading a large lobster poaching ring that involved four other people, in a separate but related case. David Dreifort was sentenced to 2¬½ years in prison in July. His wife was sentenced to seven months in prison. Prosecutors found thousands of lobsters at one of their homes on Lookdown Lane last year.

Buckheim and Demauro began their own illegal operation after their stint with the Dreiforts, and they sold lobster to a Stock Island seafood company in 32 separate incidents for a total of $45,974, records say. The company has not been charged in the case, the prosecutor said.

Both men were warned by David Dreifort to cease their operation after he was indicted, but they continued, the prosecutor said. Federal agents began visual and electronic surveillance of Buckheim and Demauro during the larger investigation that involved the Dreiforts, reports say.

Both pleaded guilty as part of a plea agreement in which prosecutors dropped two charges that could have added at least 10 years to their sentences.

alinhardt@keysnews.com

FWC Temporarly Prohibits “Harvesting” Snook, Tarpon & Bonefish

Keys — Sat, 16 Jan 2010 19:13:02 +0000

FWC responds to widespread cold-weather saltwater fish kills

January 15, 2010
Contact: Lee Schlesinger, 850-487-0554
Executive Order 10-02 (Dead Fish)
Executive Order 10-03 (Snook, Tarpon, Bonefish)

The Florida Fish and Wildlife Conservation Commission (FWC) has issued executive orders to protect Florida’s snook, bonefish and tarpon fisheries from further harm caused by the recent prolonged cold weather in the state, which has caused widespread saltwater fish kills. The FWC has received numerous reports from the public and is taking action to address the conservation needs of affected marine fisheries. The orders also will allow people to legally dispose of dead fish in the water and on the shore.

One of the executive orders temporarily extends closed fishing seasons for snook statewide until September. It also establishes temporary statewide closed seasons for bonefish and tarpon until April because of the prolonged natural cold weather event that caused significant, widespread mortality of saltwater fish in Florida. The other order temporarily suspends certain saltwater fishing regulations to allow people to collect and dispose of dead fish killed by the cold weather.

“A proactive, precautionary approach is warranted to preserve our valuable snook, bonefish and tarpon resources, which are among Florida’s premier game fish species,” said FWC Chairman Rodney Barreto. “Extending the snook closed season and temporarily closing bonefish and tarpon fishing will protect surviving snook that spawn in the spring and will give our research scientists time to evaluate the extent of damage that was done to snook, bonefish and tarpon stocks during the unusual cold-weather period we recently experienced in Florida.”

Snook season currently is closed in Florida under regular FWC rules, and there are also regular closed snook seasons that occur in the summer. However, the FWC executive order extends the statewide snook closed seasons continuously through Aug. 31 and provides that no person may harvest or possess snook in state and federal waters off Florida during this period unless the fishery is opened sooner or the closure is extended by subsequent order.

The order also establishes a temporary prohibition on the harvest and possession of bonefish and tarpon from state and federal waters off Florida through March 31, unless these fisheries are opened sooner or the closures are extended by subsequent order. The FWC executive order for the snook, bonefish and tarpon closed seasons takes effect at 12:01 a.m. on Jan. 16.

The other FWC executive order temporarily removes specific harvest regulations for all dead saltwater fish of any species that have died as a result of prolonged exposure to cold weather in Florida waters. It also modifies general methods of taking dead saltwater fish from Florida’s shoreline and from the water to allow the collection of saltwater fish by hand, cast net, dip net or seine.

All people taking dead saltwater fish under the provisions of this order may not sell, trade or consume such fish, and the dead fish must immediately be disposed of in compliance with local safety, health and sanitation requirements for such disposal.

In addition, all people taking dead fish under the provisions of this order are not required to possess a saltwater fishing license, and all fish taken under the provisions of this executive order shall be those that have died as a result of prolonged exposure to cold weather.

This FWC executive order takes effect at 12:01 a.m. on Jan. 16 and will expire at 12:01 a.m. on Feb. 1, unless it is repealed sooner or extended by subsequent order.

Another Lobster Mobster Trial Begins

Keys — Tue, 12 Jan 2010 23:11:26 +0000

Jury selection began Monday and open arguments are expected today in the lobster trap molesting trial of three Key West residents. Harry Bethel Jr. faces two felony counts of lobster trap molesting for allegedly pulling fishermens traps near Mayland Shoal in the Atlantic Ocean off Sugarloaf Key in January 2008. Bethel, Lawrence Pinder, 59, and M. Shamus Davis, 30, rejected a plea agreement that called for a year in prison.Bethel is the namesake of a former Key West city commissioner and current Key West Bight Board chairman.

via Mile Markers | KeysNews.com.

Grouper Ban Has Florida Keys’ Fishermen Reeling

Keys — Wed, 30 Dec 2009 22:43:07 +0000

Florida Keys fisherman who barely survived the awful 2009 season won’t be getting any relief for the first few months of the new year.

On January 1st , a new four-month ban on grouper fishing goes into effect to protect the species during its primary spawning season. Fishery managers and ocean conservancy groups say several types of grouper have been overfished for decades and need protection.

The ban, which will run through April 30 prohibits commercial and recreational fishermen from keeping shallow-water grouper; including gag, black, red and yellowfin that is caught in federal and state Atlantic waters from North Carolina to Key West. The ban also extends into state waters on the Gulf of Mexico side of Monroe County.

“It’s a bitter choice between sustaining the fishery or sustaining someone’s livelihood,” said Andy McDonald, the wholesale manager at the Islamorada Fish Co. “But if you don’t sustain the fishery, there will be no livelihood.”

Commercial and charter boat captains are crying foul over the ban which comes during the island chain’s peak tourist season.

“This couldn’t come at a worse time,” said Andy Griffiths, who owns a three-boat charter operation near Key West. “My business already is off 80 percent because of the economy.”

Charter boat captain Bill Kelly agrees. He said he’s been in business 30 years and 2009 was his worst season.

The ban couldn’t come at a worse time for Keys’ commercial fishermen who are struggling to survive after prices and demand for their two big ticket items, spiny lobster and stone crabs, took sharp downturns in the last couple of years. Many commercial boats had been supplementing their dwindling incomes by catching grouper to stay afloat.

But fishermen won’t be the only ones affected. The price of grouper, already $17.99 per pound at several grocery chain stores in the Keys, could go higher when the supply goes down.

Adios Lobster Casitas & Lobster Mobsters

Keys — Thu, 24 Dec 2009 23:40:30 +0000

Restorative justice may include casita removalOperation Freezer Burn, a multiyear investigation by state and federal law enforcement agencies, took down two of the most legendary lobster poachers in the Florida Keys, Dave Dreifort, and his wife, Denise. Sentenced to 30 months and seven months respectively, the couple also was ordered to forfeit more than $1 million in property.

In addition to the Dreiforts, the investigation secured four other convictions with sentences ranging from 10 months in prison to a year on parole.A subsequent investigation, dubbed Frost Bite, successfully nabbed two more men who had worked with the Dreiforts in the past, John Buckheim and Nick Demauro, both 23 years old. Each of these men has pleaded guilty and now await their sentences.In the latter case, we have seen something a bit different. Buckheim and Demauro have taken it upon themselves to start undoing some of the harm they have done.In addition to poaching lobsters, much of the case made by the government revolved around illegal lobster habitats, or “casitas.”

These are man-made structures — often old oil drums or discarded appliances — intended to attract lobsters so they can be easily, and illegally, harvested.Tens of thousands of these casitas scattered throughout Florida Keys waters create what many experts consider an ecological disaster, disrupting natural migration patterns and tearing up the sea floor. Removal of the artificial lobster habitats is a major priority for the Florida Keys National Marine Sanctuary, but hiring commercial salvors for the job is very expensive.While awaiting their sentencing, Buckheim and Demauro, with the permission of sanctuary officials, have been removing hundreds of the illegally placed casitas from the Gulf of Mexico.

Their motivation is simple: to show they have taken responsibility for their actions and are helping repair the harm they and others have done. And, of course, they hope to curry favor with the judge who will be handing down their sentences.In legal circles, this behavior is referred to as restorative justice.These young men are far from role models, and they certainly should experience consequences for breaking the law. But we cannot help but note that their pre-emptive corrective action contributes to a sense that justice has been better served in this case than in others where the criminals are serving jail time.The debris littering the ocean floor must be removed. It can be done by contractors at considerable taxpayer expense or it can be done at little to no cost by Buckheim and Demauro. We hope the court considers this when considering what sentence best fits the crime — and the public good.–

The Citizen

via Editorial | KeysNews.com.

More Lower Keys Lobster Mobsters Arrested

Keys — Mon, 03 Aug 2009 22:50:17 +0000

Federal authorities arrested two Lower Keys commercial lobster divers Friday on charges of illegally harvesting more than 1,000 pounds of lobster worth at least $17,000.

John Buckheim and Nick Demauro, of 79 Palm Drive in the Saddlebunch Keys, were arrested by National Oceanic and Atmospheric Administration law enforcement agents. The pair are accused of sinking a boat to create an artificial habitat, known as a casita, south of Sammy’s Creek Bridge on Sugarloaf Key on Oct. 29, 2008, according to a federal indictment.

Prosecutors allege the poaching began in 2008 and continued into this year, reports say.

Both men are scheduled to appear in a Miami courthouse today.

The arrest comes a week before the start of the commercial lobster season.

Are You Ready For The Spiny Lobster Sport (Mini) Season?

Keys — Fri, 24 Jul 2009 01:59:51 +0000

Diving for lobster in Florida’s upcoming mini-season can be deadly, warns a leading dive-safety organization.

“Divers get excited and rush to dive without preparation, and most of them are out of shape,” said Petar Denoble, a physician who serves as senior research director for the Divers Alert Network. ”They underestimate the level of exercise required for diving, particularly lobster diving,” said Denoble, author of a recent report published in DAN’s Alert Diver magazine. The past four years have seen 14 divers die during Florida’s annual two-day mini-season — 10 of them in Florida Keys waters, the leading destination for lobster hunters.

In contrast, only six divers died while hunting lobster statewide in the regular eight-month lobster season in the same 2005-08 period. This year’s lobster sport-diving season arrives July 29 and 30.

“Why the higher percentage of deaths in the two-day preseason? Our best guess is that mini-season may be the time many divers take their first plunge of the year,” Denoble wrote. “Or they’ve made relatively few dives thus far and haven’t gotten up to speed on their skills and conditioning…. The underwater chase, frequent ascents and many repetitive dives over the two-day season can take a toll, even on the most experienced divers.” He pointed out that most of the mini-season deaths can be traced to heart problems in divers in their late 40s and older.

There was no evidence that air embolisms, typically responsible for about a third of all diving deaths, caused any of the 20 lobster-related deaths that DAN staff studied. Denoble called that finding “interesting,” but cautioned against drawing broad conclusions from the relatively small number of case studies.

After three divers died in Monroe County waters during the 2005 mini-season, authorities called for increased caution. All three were out-of-county residents; the youngest was 49.

But the 2006 season was even deadlier, with four fatalities.

There were two lobster diving deaths in the Keys last year, after one death in 2007.

Many of the deaths could be linked to those with known medical problems, or who had undiagnosed conditions.

A lobster-season safety campaign was launched this spring to warn divers to check their equipment and be aware of physical demands. The Florida Fish and Wildlife Conservation Commission, the Diving Equipment and Marketing Association and DAN prepared the program.

“People who live a sedentary lifestyle must assume they are out of shape,” Denoble said. “Divers may try to chase lobster the same way they did it when they were 25. But at 50, it doesn’t work that way any more.”

Denoble recommended that older divers have regular checkups, and exercise throughout the year.

“Get prepared. You cannot go out and play a game without practice,” he said. “This is your game, and you need to win.”

An estimated 30,000 divers go out for lobster in a typical mini-season, with about 60 percent of them planning to do it in the Keys.

Lobster-poaching ring leader gets 2.5 years in federal pen

Keys — Sun, 19 Jul 2009 21:05:46 +0000

Admitted Lower Keys lobster poacher David Dreifort was sentenced Friday to two and a half years in prison, and his wife [Denise D. Dreifort] to seven months in jail, for leading what’s been called the Key’s largest lobster poaching operation ever. Their sentencings by U.S. District Court Judge Jose Martinez put the lid on a case the feds dubbed Operation Freezer Burn. According to evidence presented through pleadings, trial and other in-court statements, the six defendants in Operation Freezer Burn were directly involved in illegally taking 1,197 lobster on the opening day of Florida’s commercial lobster season in August 2008, and stockpiling approximately 1,700 pounds of wrung lobster tail harvested during the closed season. The operation was based out of Cudjoe Key.

In addition to prison, David Dreifert was ordered to serve three years of probation following his release, and is prohibited from fishing for five years in South Florida. [That's NOT long enough] His wife follows her jail time with seven months of home confinement with electronic monitoring, and is also banned from fishing South Florida waters for five years. The Dreiforts also forfeited to the U.S. government their three vehicles and three vessels, used in the lobster poaching operation. On June 11, Robert Hammer was sentenced to two months in jail, home confinement for six months with electronic monitoring, and supervised release for two years. In a parallel civil action, they were ordered to pay $1.1 million toward restoration of the marine sanctuary, including removing 700 casitas. The couple is expected to raise the money by selling their Cudjoe Key home and another property on Little Torch Key.

On June 10, Sean Reyngoudt was sentenced to home confinement for four months with electronic monitoring, four years of probation and 300 hours of community service. He’s banned from fishing South Florida waters for four years.

On June 2, Key Wester Michael Delph was sentenced to 10 months in jail, home confinement for six months with electronic monitoring, 100 hours of community service and supervised release for two years. Delph is the only one who went to trial. [This is the saddest case, local fishing legend's son.]

John Niles, the first to enter a guilty plea, cooperated in the case, and testified against Delph. He received a year of probation.

via Lobster-poaching ring leader gets 2.5 years in federal pen.

Tarpon on Fly in Islamorada’s IGFA Inshore World Championship

Keys — Sat, 11 Jul 2009 04:14:28 +0000

With ESPN2 camera crews stalking competitors in the Florida Keys Outfitters IGFA Inshore World Championship this week, ESPNOutdoors.com is able to offer viewers with an exclusive video segment of a successful tarpon catch.

During the first day of competition, Houston’s Carlos Duncan hooked up with a good-sized tarpon, worth 200 points towards his tournament total. Duncan and guide, John Donnell, found a spot filled with roughly 15 tarpon and what ensued was a typical fight, lasting a couple of minutes, and covering a healthy stretch of water.

Interesting was the duo’s persistence in landing this particular tarpon. While the area was clearly a hot spot for the species, Duncan had a hard time getting any to fall for his fly. After working the area for about two hours, he was finally successful. A definite lesson in persistence for fledgling anglers.

The clip also provides insight into the teamwork — between guide and angler — necessary to succeed at a tournament like this. While the anglers are typically the ones that garner the praise, guides play an integral part in finding fish, boat control and effective communication.

Duncan, who was highlighted in earlier article, landed one snook and one redfish Wednesday, completing a three-fish SLAM. In the fly division, that is good enough to be in contention and if Duncan can put some points on the board and satisfy another species category Thursday, he has a reasonable shot at victory.

Keys Treasures Blog » Fish

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