A Case Of Fish vs. Developers: Move Afoot To Protect Smalltooth Sawfish

January 18, 2009

Release from: NewsPress.com (Florida)

Many area fishermen said they never saw one, but others fear the endangered Smalltooth Sawfish could cut into an already struggling marine construction business.

About 80 people showed up for public input Wednesday on a proposed critical habitat designation for the endangered fish, mainly the juveniles that populate Cape Coral canals and other area waterways.

Many expressed concern the meeting came as a surprise and was not better publicized in the media. Because of that, a majority at the meeting wanted an extension to the public comment deadline of Tuesday.

National fisheries officials did say an additional comment deadline may be added after Tuesday.

"I am opposed to this," Cape Harbour developer Will Stout said about the government's proposed designation. "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 Service, with a regional office in St. Petersburg, is proposing the designation to help protect the juvenile sawfish which lives in red mangroves and in water less than 3 feet deep, mainly to protect it from predators, such as sharks.

The critical habitat designation would require federal input should people wish to remove sections of red mangroves to construct a marina or other docks, for example, or if dredging occurs in less than 3 feet of water.

David Bernhart, assistant regional administrator for protected resources in the southeast for the fisheries service, said the meeting was designed to provide people with background on the proposed rule "and what the implications are."

Many who spoke were concerned about such a widespread designation that could include areas where the juvenile fish do not exist.

Gloria Tate, a Cape Coral City Council member, whose district includes many city canals, not only asked the state to extend the comment period but also stressed her city's work to protect its natural resources.

"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."

According to the fisheries service database, 54 Smalltooth Sawfish were counted through sightings or catches from 1998 to 2003 in the Charlotte Harbor area. That number jumped to 533 fish in 2008, meaning 479 were counted from 2004 to last year. The reason for the increase, said Bob Hoffman, a fisheries biologist, may not be a surge in the population but rather the agencies campaign to have people report sightings or catches. Mote also is tagging some of the fish to chart their migration patterns. Some of those tags, Hoffman said, were attached to fish in the Caloosahatchee.

Michael McCartney, owner of American Marine Construction, a company that builds docks and lifts 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 people who spoke for the critical habitat designation, especially in the Caloosahatchee, which is impacted by freshwater flow from Lake Okeechobee. The fish survives in the salt water.

Hoffman and Shelley Norton, also a fisheries biologist, were the primary speakers for the National Marine Fisheries Service at the meeting.

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

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 the habitat areas of the sawfish.

"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 designation, mainly in all saltwater waterways from Charlotte Harbor, south to Pine Island Sound, through San Carlos Bay and the Caloosahatchee and further south to Estero Bay, could slow 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 the salinity levels. "If someone diverts freshwater flow into the estuaries (by removing mangroves), it can change the water regime," he 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, doesn't 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 abundant than the adults and tend to stay closer to shore for protection, either in mangroves or shallow water.

He said marine fisheries was mandated to act because of a lawsuit filed by the Center for Biological Diversity, based out of San Francisco, which has asked for several critical habitat designations.

Marine fisheries also had a public meeting in Naples on Jan. 5 - only 6 people showed up.

Once all the input is received and reviewed, 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 Sawfish "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 endangered in 2003.

Norton said it takes "10 to 20 years" for the fish to reach full maturity. Their average size is about 18 feet. The largest recorded catch of a Smalltooth Sawfish in Florida waters was 27 feet.