Key Largo Lobster Mobsters Convicted
By GARY PHILLIPS
KeysNews.com
Saturday, June 12, 201
Nearly nine months to the day after being accused of molesting a commercial lobster trap, two Key Largo men were convicted on third-degree felony charges.
Ruben Barbuscio, 62, and Daniel Peralta, 53, were led in handcuffs from a Plantation Key courtroom after Monroe County Circuit Court Judge Luis Garcia found them guilty on Thursday. The pair waived their right to a jury trial and opted to have their case heard by Garcia.
Their crime occurred on Sept. 11, when commercial fisherman Abilio Gil and his stepson, Yardiel Penton, videotaped Barbuscio and Peralta pulling a lobster trap belonging to commercial fisherman Dana Pettit onto Barbuscio’s boat between Rodriguez Key and Tavernier Creek.
In announcing his ruling, Garcia said the poor-quality video was of little value as evidence, but it did contain Gil’s spoken description of the defendants’ action. Gil was watching through binoculars while Penton operated the camcorder. Garcia said the eyewitness account was credible and weighed heavily in his decision.
Assistant State Attorney Colleen Dunne also provided photos of the trap, buoy and rope, and had the trap brought into the courtroom. She said the photos taken the day of the incident clearly show the rope and trap had been recently handled, as silt and marine growth on the items had been disturbed.
A sentencing hearing is set for June 29.
Tags: Lobster, Lobster Mobster
Categories: Commercial Fishing, Key Largo, Lobster Tags: Lobster, Lobster Mobster
Snapper Ledge Reef, in the Florida Keys, Protection is Fast-Tracked
Divers consider Snapper Ledge among the most beautiful places in the Keys to take a plunge. (Photo by Tim Grollimund)
Snapper Ledge, a shallow reef off Tavernier, could be declared a protected marine zone by the South Atlantic Fishery Management Council.
Many Upper Keys divers, spearheaded by underwater photographer Stephen Frink, describe Snapper Ledge as a vibrant reef with diverse fish life, yet it is not designated as Sanctuary Preservation Area under the Florida Keys National Marine Sanctuary.
As of this week, 3,036 people had signed an online petition to change the Snapper Ledge status to a no-take zone. Efforts have been going on since 2008.
Amending Keys sanctuary rules to add a new Sanctuary Preservation Area involves reports and hearings that could take until 2015 at the earliest, sanctuary officials say.
“We’ve had requests from constituents to get it done more quickly, so in August we asked the South Atlantic Council to look into it,” said David Makepeace, an Upper Keys marine educator who serves on the Sanctuary Advisory Council.
“Much to my surprise, they said they would look into it,” Makepeace said. “Frankly, I did not expect this much action this soon.”
At a 4 p.m. Monday meeting at the Hilton Key Largo Resort at mile marker 97, the South Atlantic Council will take general comments on several issues, including whether the agency should begin working on a marine-protected zone for Snapper Ledge. A final decision would be months away.
“Personally, I support it,” Makepeace said. “I don’t want to create a precedent for using spot-zoning based on individual needs, but the Snapper Ledge situation and concerns are somewhat unique.”
Also Monday, the council also will review a proposal to establish 56 areas in Keys waters around protected elkhorn and staghorn corals where lobster-trap fishing would be banned.
The zones as proposed came out of talks between the Florida Keys Commercial Fishermen’s Association, the Keys Sanctuary and local marine-conservation groups.
“We’re on board for almost of the zones, except for three,” FKCFA Executive Director Bill Kelly said. “We’re asking them to them to shrink those or break them into two or more zones to cover a smaller area.”
Those three include a large area off Newfound Harbor in the Lower Keys, one off Davis Reef near Long Key, and one inside Carysfort Reef off Key Largo.
“Fishermen are all in favor of protecting the coral but these three zones include a lot of ground where there is no [branching coral],” he said.
The South Atlantic Council also is considering creating new rules that could limit the use of powerhead fishing — using a spear that uses a shotgun shell to take large fish, or create a special permit for powerhead fishing.
For information on the proposed rules, go to www.safmc.net. No action will be taken at Monday’s meeting, but officials will explain various proposals and take comments.
No tags for this post.Categories: Diving, Reef, Upper Keys Tags:
Florida Keys History of Diving Museum in Islamorada Opening a Public Research Library
The History of Diving Museum in Islamorada dedicates its Bauer Diving History Research Library on Feb. 29 at the museum, mile marker 83 bayside.
The ribbon-cutting celebration is from 6 to 8 p.m. RSVP is required, call 664-9737 or send an e-mail to info@divingmuseum.org.
Named after the museum’s founders, Joe and Sally Bauer, the new facility serves as the repository of the Bauer Library Collection, which consists of about 2,500 volumes. It is one of the most comprehensive collections of rare books relative to the story of undersea exploration and was amassed by the Bauers over four decades.
The collection is focused on titles published prior to the mid-1900s and includes some publications dating back to the 1700s. Included are books, prints, woodcuts, catalogues, and photographs illustrating diving history, treasure hunting, submarine warfare, natural history and other aspects of underwater exploration.
The project was made possible with a grant from the Monroe County Tourist Development Council. The grant allowed the museum to purchase custom archival-quality bookshelves, document storage drawers, a waterless fire-suppression system, light fixtures and an art hanging system. There is also wireless Internet and audio-visual equipment to make it a functional space for business meetings and events, available for rent.
“The staff, board, and volunteers have all worked extremely hard on this project and its completion signifies a very important step forward for our young museum,” said Erin Wolfe, manager of collections and administration.
Tickets for the opening event are $25 ($15 for museum members). Drink tickets and hors d’oeuvres are included. The deadline to RSVP is Feb. 22.
The museum is open to the general public daily from 10 a.m. to 5 p.m. The research library and meeting room will be accessible during those hours.
No tags for this post.Categories: Diving, Islamorada Tags:
Giant Islamorada Lobster “Betsey” May Return Soon
Big Betsey, once deemed the second-most photographed icon in the Florida Keys by Eastman Kodak, behind only the Southernmost Point, could soon migrate back into public view. Betsey, better known simply as The Giant Lobster of Islamorada, has been absent for months from her longtime post outside the former Treasure Village on Plantation Key. “We’re working on it,” Mia Berry said of plans for the re-emergence of the family-owned fiberglass sculpture.
With its former home having been transformed into a school, the lobster has been hidden away in a storage yard off the Overseas Highway. Within the next few weeks, however, the giant crustacean, 30 feet tall by 40 feet long, will re-emerge, luring passersby to the Rain Barrel Artisan Village on Plantation Key.
Rain Barrel Gallery LLC and Big Betsy owners Dennis and Mia Berry finalized a 10-year lease with a purchase option on Monday, Dennis Berry and Rain Barrel co-owner Mike Forster said. They did not disclose terms of the deal.
“We are doing this because we feel in this economy we need to generate more trips to the Rain Barrel for our tenants,” Forster said. “We figured that the lobster was a great draw. It always has been a great draw. It was a great draw at Treasure Village and it will be at the Rain Barrel.” Read more…
Categories: Islamorada, Lobster, Tourism Tags: Lobster
Have You Fed Your Fish Today…Try it Islamorada Style!
I am sure most of you have spent some time on the bank or dock or your favorite waterway feeding the local fish or ducks. If you were lucky you might have caught sight of that legendary 20 pounder nobody ever seems to be able to land.
What if I could guaranty you the chance to hand feed fish in the 100 pound range, and have your picture taken while shaking hands with the fishes mouth. All you need to do is find your way to Islamorada’s Robbie’s Marina in the Florida Keys.
Robbie and his wife Mona started feeding a tarpon they named Scarface 18 years ago. Scarface appeared floundering in the shallow waters near the dock; Robbie saw the struggling tarpon and, thinking it had swum too shallow and gotten stuck on the bank, went out into the water to free it. He lifted the fish and saw that the right side of its jaw was torn open. Hoping to revive the tarpon, Robbie placed it in the oxygen-rich shrimp tank and called old Doc Roach. The doctor showed up with his wife’s mattress needles and some twine, and Scarface became the first known tarpon with stitches. After several days of force-feeding, Scarface showed good recovery and weight gain; six months later he was released into the waters off the dock. Afterwards, Scarface continued to frequent the docks; sometimes bringing a friend. Soon more and more of the fish began to appear.
Today, the tradition continues, with visitors from all across the world coming to marvel at the spectacle and offer these magnificent creatures a snack.
More on Islamorada. Read more…
Tags: TarponCategories: Fish, Fishing, Islamorada, Vacations Tags: Tarpon
Why Unincorporate the Village of Islands – Islamorada
~Prepared by Robert Page
- Plantation Yacht Harbor was on the market in 1997 for sale for $4 million, a contract had been signed, but with the incorporation vote, the Village elected officials managed to secretly negotiate a purchase price of $8 million, all done very quickly, without any public input or support.
- Borrowed $4 million dollars in 2004 and could not figure out how to spend it until 2007.
- Does not maintain an inventory of all items valued over $500.
- Have never conducted an inventory review to determine, if items purchased with taxpayers money is still in possession of the staff. Have any items been lost, stolen, or given away? Who knows or cares?
- Gave away a street ending at the ocean (no public hearing) on Upper Matecumbe Key to developer Bill Fountain which is against state law.
- Village has never completed one project on time and within budget.
- Former Mayer Frank Kulisky secretly bought property next to Plantation Yacht Harbor (Founders Park) for $700,000 then sold part of it to the Village for $1.4 million.
- Former Mayor Mark Gregg changed a single family residence into eight houses and sold the eight living units for millions of dollars.
- Village has borrowed $25 million dollars with no referendum vote or public support. Annual payments for eight loans are over $1 million a year.
- Village manager does not prepare a full and complete budget for review each year at the beginning of budget preparation time. He doles out the budget, in many small pieces, and the elected officials spend months going over the incomplete budget and never learn the bottom line until the very last moment when the millage rate has to be set He tricks the officials each year and they never catch on. Then the millage is set and nobody looks at the budget again to provide oversight to see that funds are only spent on authorized issues. That is why the left over funds from the previous year disappears.
- During Hurricane Wilma village computers, furniture and valuable documents were left on the floor of the Village Hall, knowing it was going to be flooded and computers ruined. Documents had to be sent to Texas for expensive recovery.
- Since incorporation in 1998, six managers have come and gone and village is now searching for number seven.
- No financial reports for six months in 2006, and none for September 2007 (end of fiscal year)
- Quote from newspaper Reporter “Over the past year, the Islamorada Village Council has spent countless hours and hundreds of thousands of taxpayer dollars searching for answers to issues that will undoubtedly shape Islamorada’s future” “as the year comes to a close, the majority of those answers remain elusive, leaving Islamorada cash strapped, without a manager and still working out ways to fund projects already underway.” Fire chief Wagner said “we have no reserves in the capital fund, we’re in really, really desperate conditions here” This is the guy that left his fire trucks on Lower Matecumbe to be caught in salt water during Hurricane Wilma and had to purchase new truck replacements. Councilman Reckwerdt said “we have no idea how bad our finances are”. Finance Director Fillinovich said “we need to set money aside for construction projects instead of taking out loans and paying through the general fund. She urged the council to put money aside for a rainy day” but it has not done so.
- The Free Press newspaper said “2007 was a year when the Islamorada Village Council had trouble making up its mind –repeatedly” ” Council spent nearly $600,000 on the municipal complex, much of it for architectural fees. Initially budgeted for $4.4 million, the complex earlier this year was expected to cost nearly $10 million.” “The council also had a difficult time making up its mind about this year’s tax rate. In an effort to protect village reserves, council members in July voted to override the 7% tax cut recommended by the state. But they reinstated the cut in September”.
- Newspaper Reporter called the Village of Islamorada “Dysfunctional”.
- When documents that might reveal false or embarrassing information are requested by the public – the Village Attorney just labels them ”exempt” from the public records law.
- Spent over $200,000 studying whether to ship sewerage to Key Largo.
- Plantation Key Colony Sewer program is mismanaged, resulting in cost overruns, sewer backups, resulting in houses being condemned, and torn down, family dislocated, insurance claims being ignored and the sewerage collection system is years behind schedule. The Fla Dept of Environmental Protection has cited the village for many violations and fined the village for the violations. Re-use of the treated sewage water has cost nearly $2 million and all we have is a tank full of salt water that cannot be used.
- Plantation Key Colony Sewer program budget is overspent by $1,055,709. Poor fiscal management.
- Village does not evaluate employee performance.
- Village has a turnover of personnel reported to be 60%. No exit interviews to find out why high turnover of staff.
- Village Manager gets an annual evaluation but the format is flawed by being too subjective resulting in a convoluted and meaningless report..
- Village Manager does not have a clear set of measurable performance standards. He needs to be told what is to be done, how much money the elected officials are giving him, and how long it should take to finish the task. Monthly progress reports will reveal if he is doing his job.
- Village attorney has been paid about $8 million dollars for legal services. Village should have in-house legal staff.
- Over 900 petitions were signed to require any expenditure of the village that exceeded $1 million dollars must be by referendum. Ignored by elected officials.
- Elected officials interject themselves into the operation of the village and continually give instructions to the staff and not the manager. Village attorney has repeatedly warned the elected officials that their job is to set policy and not to interfere in the management of the village. All of the elected officials like to micromanage the daily operation.
- I could go on with horror stories of incompetence but I think the message is clear.
Tags: IslamoradaCategories: Government, Islamorada Tags: Islamorada
Key Largo’s Reef Snapper Ledge Would Benefit From No-Take Status
DIVE TIME By Tim Grollimund
Underwater photographer Art Koch frames a shot of a school of grunts on Snapper Ledge.
When I moved to the Keys, I only knew a few people. You could count the number on one hand. These same folks are very close friends now — even after they’ve gotten to know me better! And I have developed some other very close friendships. Not only with people, but with a few places. I’ve told you about them — the deep sections of the reefs, the south end of Molasses and the pillar coral spot. All these are very special places. Why do I keep going back? Because they are places I can count on for unique and continuously good stuff to see.
And there is one more spot — Snapper Ledge. There is a petition to have Snapper Ledge set aside as a no-take zone. I support it. If you have been there, you know it’s unique. It’s a very small area, probably less than the size of a football field. Some people want to set it aside, and some don’t. We all have our reasons. The petition is worded to elevate the merits of the site as a haven for fish and divers, and uses language that fisher persons — spear and hook — probably don’t like. I wouldn’t if I were a fisher person. The Sanctuary Advisory Council meeting is Aug. 16, 9 a.m. at the Marathon Garden Club, 5270 Overseas Highway. The petition is here: www.PetitionOnline.com/snapledg/petition.html. Here is a video that supports the effort: www.vimeo.com/1861001 and a link to PDF file you can download: www.mpa.gov/sciencestewardship/mpascience/
So, wording notwithstanding, and as I am curious by nature, I started looking into this whole concept of marine protected areas (MPAs) and no-take zones (nMPA). And I found Dr. Ben Halpern of the University of California. He is an expert in the field, and has worked with the state of California to implement a network of MPAs along their coast. There are species concerns, spatial concerns, habitat concerns — everybody’s concerned.
We talked about a couple of studies he’s done. The first addresses the basic question — do no-take MPAs work? And does size matter? Well, yes they do in fact increase biomass, density and size of the fish inside the protected area for most species. No argument there. And some of you will be relieved to know that size does not matter. The scale may be different — 100 to 200 fish versus 1000 to 2000; but nMPAs of all sizes work — inside the boundaries.
So the second question was do they work outside of the protected area — is there spillover, and if so, how much? Yes, there is — and here is a very interesting point, which I believe helps make the case for Snapper Ledge. It seems as though a series — or network — of small to medium-sized nMPAs may work better than one large one. But as is always the case, there are complications. Habitat, structure, depth, and other variables all enter the fray. A strategically placed network of small to medium-sized nMPAs can override the loss of fishing territory and result in a net gain in the yield of fish to the entire area, according to Dr. Halpern — but not for all species. There are places where the give-up of fishing space is less than compensated for by the increase in fish from the spillover from the nMPA. Each place is different — Dr. Halpern said they spent years and tons of bucks taking all that into consideration — and they did it at the state level within their 3-mile zone. But we have federal requirements, not just state, so strap yourself in — this is going to take a while.
Here is an interesting case in point — a study on the Dry Tortugas a few years back. Google “Bulletin of Marine Science 633-654 2006” and you can see this for yourself. I’ll just skip to the ending: “In the long run, a precautionary ecosystem-based approach to management using multiple control methods offers promise for providing fishery sustainability and persistence of the Florida Keys coral-reef ecosystem… combining catch controls with large closed areas may be the most effective system of reducing risk of stock collapse while maintaining short- and long-term economic performance and buffering uncertainty.” That says it all.
To get the big picture of what it will take to make Snapper Ledge a no-take zone, I had the privilege of talking with Sean Morton, superintendent of the Florida Keys National Marine Sanctuary. He was very familiar with Dr. Halpern’s work, and he explained the process from the FKNMS viewpoint. Sanctuary regulations, which can be drafted by the South Atlantic Fisheries Management Council in conjunction with FKMNS, go through an extensive public process prior to the regulations being published in the Federal Register. The Snapper Ledge request will be part of an all-encompassing package from Biscayne to the Dry Tortugas, including the backcountry. Add to that all the studies and data required to support the requests. Because user groups have a chance to examine the documents and comment on the proposals, waiting periods for comments come into play.
This will most likely be a two- to three-year process. Sean explained the process, but we don’t have the space here for all the details. It is a massive project when all the elements are taken into consideration.
Paradigms shift. Conditions change. We don’t have a crystal ball. We do have a small area that can be preserved, and we will not know if the net reduction in fish caught or speared will be offset by the future increase in life generated by making Snapper Ledge a no-take zone. Only time will tell. I’d like to give it a shot — with a camera, not a spear.
Tim Grollimund is a freelance photographer and PADI divemaster based in Key Largo. He can be reached at tim@timgimages.com.
LOCAL Lobster Mobsters Charged
The end of Memorial Day weekend did not end on-the-water enforcement, two Upper Keys residents learned.
Gabriel L. Cultuli, 33, of Key Largo and Brian S. Gwilliam, 34, of Tavernier were each charged Tuesday with two misdemeanor counts for possessing illegally taken lobster.
Monroe County Sheriff’s Office marine Deputy Nelson Sanchez saw the two suspects snorkeling in the bayside off mile marker 88 around 10 a.m. after responding to a report of possible lobster diving. When Sanchez confronted the two men in the water, they reportedly had a mesh bag containing five live lobsters, which Sanchez described as visibly undersized.
“I then told them that I was very disappointed to find local people taking lobster out of season,” Sanchez said in his report, “to which [Cultuli] stated that he was just trying to get some dinner.”
The lobster were released. Each man was charged with possessing an undersized lobster and an out-of-season lobster.
By KEVIN WADLOW kwadlow@keynoter.com
Tags: Lobster Mobster
Categories: Diving, Lobster, Upper Keys Tags: Lobster Mobster
Crocs Cleared of Crunching Key Largo Kayakers
State wildlife officials said Wednesday it is “highly unlikely” that a crocodile or alligator attacked two Upper Keys kayakers last month.
Florida Fish and Wildlife Conservation Commission (FWC) officers and biologists have investigated the claim that an American crocodile was responsible for injuring two kayakers during an early morning trip in Sexton Cove in Key Largo, agency spokeswoman Gabriella Ferraro said.
The FWC cannot determine what the kayakers encountered, but found no indication of a multiple-tooth bite pattern characteristic of a crocodile or alligator bite, and said the scratches were not consistent with either a bite or the number of toenails on either reptiles’ feet.
It is possible a large crocodile or alligator overturned the kayak in an attempt to flee, but no animal reportedly was seen, Ferraro said.
The kayakers — Leigha Poulson and Mike Gregory — reported hitting something in the water and overturning. While in the water, something brushed against them, leaving them with abrasions and punctures, they said.
American crocodiles, a shy and reclusive animal, are an endangered species success story. Since 1975, their numbers have increased from fewer than 300 to more than 1,500 adults. Today, they are classified as a threatened species.
As the crocodile population has grown, the number of complaints about them has risen, Ferraro said. Conflicts between crocodiles and humans, however, are still very rare. Because crocodiles grow large, people must use caution when near them or recreating in areas where they are found.
Poulson and Gregory reported having their kayak flipped by a large animal they did not see, and neighbors in the area had told them that crocodiles are known to inhabit those waters, he said.
“I landed on something big and hard,” Gregory said. “I felt its tail.”
Gregory didn’t feel a bite, but suffered some kind of puncture wounds, he said.
For more information about living with crocodiles, visit MyFWC.com/Crocodile.
Tags: crocodile