Smalltooth Sawfish Could Be Part Of Critical Habitat

January 14, 2009

Release from: News-Press.com (Florida)

A crowd of about 80 people showed up for public imput on a proposed critical habitat designation for the endangered Smalltooth Sawfish, which populates Cape Coral canals and other area waterways.

Many were angry that a meeting they considered significant was not better publicized. Because of that, many asked for an extension to the public comment deadline of Jan. 20.

"I am opposed to this," said Cape Harbour developer Will Stout. "I would like to see us get a time extension to have this revisited.

"We are going through the worst depression I have ever experienced and it seems silly to spend millions of dollars for this."

The National Marine Fisheries Association is proposing the designation to help protect the juvenile sawfish which lives in red mangroves and in water less than three foot deep. The critical habitat designation would require federal imput should people wish to remove large sections of mangroves to construct a marina, for example, or if dredging occurs in les that 3 foot of water.

"Our primary aim is to offer an opportunity to receive public comment on anything associated with the proposed rule,” said David Bernhart, assistant regional administrator for protected resources in the southeast for the National Marine Fisheries Service. We will provide background on what exactly the proposed rule is and what the implications are.”

Many who spoke tonight were concerned about such a widespread designation that could include areas where the juvenile fish do not exist. Many people also were surprised about the critical habitat proposal and were not aware of tonight's meeting.

Gloria Tate, a Cape Coral City Council member, whose district includes many Cape Coral canals, asked the state to extend the comment period beyond Jan. 20.

"Cape Coral has put in significant resources to protect the environment," she said. "We have a uniform dredging program as part of the manatee protection plan. We ask for an extension of time beyond Jan. 20 to meet the goals of your organization."

Michael McCartney, owner of American Marine Construction, a company that builds docks mainly in Cape Coral, said he hoped to start a dialogue with the state over the issue. "We all bear the scars of the manatee issue and we don't want that to happen again."

There were also several people who spoke for the critical habitat designation, especially in the Caloosahatchee, which is impacted by freshwater flow from Lake O.

Bob Hoffman and Shelley Norton were the primary speakers for the National Marine Fisheries Service.

"My goal is to focus on the imput from the public and the information we present and any errors we could have made in mapping,” Hoffman said.

The critical habitat designation mainly focuses on the juvenile sawfish. Its hababit is primarily mangroves and shallow water where it can stay protected for larger fish. The government is concerned removing mangroves to build docks or seawalls or increasing water depths through dredging, primarily in Cape canals or other smaller waterways, could impact their habitat areas.

"We know at present they are using the canals,” Norton said about their Cape locations.

But marine contractor David Southwick said: "I have never seen one, so they must be endangered."

Added John Elwood, a local businessman: "I have lived here for 25 years and have yet to see a sawfish and I fish one or two times a week."

Marine contractors are worried that by placing a critical habitat desgination, mainly in all saltwater waterways form Charlotte Harbor, south to Pine Island Sound, through San Carlos Bay and the Caloosahatchee and further south to Estero Bay, along with the Cape canals, could slow down the permitting process with a federal review and impact work orders at a time when many contractors are struggling to find any work because of the economy.

Hoffman said another area of concern are salinity levels that the fish need to survive. “If someone diverts freshwater flow into the estuaries (by removing mangroves), it can change the water regime,” Hoffman said.

Bernhart said that should the critical habitat designation be granted, contractors may need federal input before removing mangroves or dredging.

“The rule, if finalized, does not does nt create any specific requirements for local governments or the private sector, but if a person requires a permit or funding from the federal government that might adversely impact a critical habitat then there might be additional consultation requirements with the federal government.”

Bernhart said the juvenile fish are more abundent than the adults and tend to stay closer to shore for protection, either in mangroves or about 3 feet of water. He said marine fisheries was mandated to act because of a lawsuit filed by the Center for Biological Diversity, which has asked for several critical habitat designations.

Besides tonight’s meeting, written comments will be accepted through Jan. 20 unless an extension is granted. Marine fisheries also had a public meeting in Naples on Jan. 5 when only 6 people showed up. Once all the input is received, Bernhart said they will determine if a critical habitat designation is necessary for the Smalltooth Sawfish. The fisheries findings and plans must be submitted by Sept. 1.

Norton said the Smalltooth Swordfish "was all over Florida" several years ago, but the population dropped off dramatically when they were caught in big nets used by fishermen. "The net ban is probably what saved the species," Norton said.

The fish was listed as an endangered species in 2003. Typically, a critical habitat designation can be placed on a species one to two years after it is listed as endangered.

Norton said it takes "10 to 20 years" for the fish to reach full maturity.