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
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.
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’60s Flash Back Party 1-15-11 Key Largo Lions Club
For those old enough to remember the 1960s and for those who wonder what all the fuss was about, mark your calendars for Saturday, Jan. 15.
The Key Largo Community Preservation Foundation will sponsor a 60’s-themed party and dinner dance to raise money for acquisition of a community events venue.
“Big Daddy” Joe Marcum brings his musical riffs and organizers plan a 60’s costume contest along with a dance-off. “So grab your tie die, your hippy gear or Beatle suit and head out to boogie down,” Sue Finney wrote to promote the event.
This is the second fund-raiser hosted by the foundation, following the Lobster Luau held last August.
Doors at the Key Largo Lions Club open at 6:30 p.m. Jan. 15 with a fish fry dinner donated by Key Largo merchants and hosted by Scott Stoky and the Florida Keys Youth Sports Foundation.
The fish fry will serve from 7-8:30 p.m., followed by a live auction.
Capt. Skip Bradeen, Spencer Slate and retired meteorologist Don Noe will serve as celebrity judges for the costume and dance competitions.
Finney said net proceeds from the event will benefit the Foundation’s drive to acquire a community events field and to fund the trailhead for the “All American Highway” project on U.S. 1 in the Upper Keys.
“The goal is for these projects to be independent from county government,” Finney said.
Tickets cost $25 in advance and $30 at the door (include dinner and entertainment). Tickets are available at TIB mile marker 100 oceanside; First State Bank branch, next to Publix in Tradewinds Plaza; the Key Largo Chamber office at mile marker 106 bayside and the Islamorada Chamber office at mile marker 83.2 bayside.
For more information, call 394-3736 or log on to www.60sflashbackparty.com
No tags for this post.Key Largo Lobster Mobsters Sentenced to Jail Time
By DAVID GOODHUE
dgoodhue@keysreporter.com
Michael Cavagnaro, the former Key Largo elected official convicted of molesting lobster traps in June, was denied a new trial Friday and sentenced to nine months in county jail.
His son, 33-year-old Michael Cavagnaro Jr., was sentenced to four months in jail.
Monroe County Circuit Court Judge Luis Garcia also sentenced both men to four years probation and eight hours a month of community service, ordered their commercial fishing licenses revoked and banned them from the water on both the oceanside and bayside of Monroe County.
Bill Heffernan, the attorney who represented both men during their trial and only the younger Cavagnaro at Friday’s sentencing hearing, said he and Joel Hirschhorn, the elder Cavagnaro’s attorney, have filed an appeal with the state’s Third Court of Appeal.
“I truly believe they are innocent. This is a sad case,” Heffernan said in an interview.
Garcia set bail at $50,000 each. It was not clear at press time if the father and son posted bail and were released.
The Cavagnaros, both commercial lobster fishermen, were charged with tampering with another commercial angler’s trap on Aug. 25, 2009. At the time, Cavagnaro was an elected member of the Key Largo Fire and Emergency Medical Services District. Gov. Charlie Crist removed him from office following his arrest.
A jury convicted the men on June 23.
Heffernan argued during Friday’s hearing at the Plantation Key Courthouse that “the weight of the evidence is insufficient to support the verdict in this case.” He also said several of the tactics used by the prosecution unfairly prejudiced the jury.
First, Heffernan argued that prosecutors violated Garcia’s instructions not to mention anything that happened 14 days beyond Aug. 25, 2009.
During the trial, prosecutor Colleen Dunne questioned Florida Fish and Wildlife Conservation Commission officers and several fishermen. They testified that no traps belonging to the Cavagnaros were found in the area where witnesses said the Cavagnaros had pulled another fisherman’s trap.
The FWC officers checked the area more than 14 days after the Cavagnaros were arrested. Heffernan argued that mentioning that in the trial violated Garcia’s instructions. Dunne countered that since the elder Cavagnaro claimed he and his son were in the area checking on their traps that day, it was the FWC’s responsibility to verify if any were there. None were ever found, she said.
Heffernan also argued for a new trial based on a witness he said Dunne called to the stand specifically to humiliate. Dunne said she called the witness, Michael Cavagnaro’s girlfriend, because the defense had said she would testify but then removed her name. Her testimony did not match earlier statements she made, which Dunne pointed out while she was on the stand.
The Cavagnaros hadn’t planned to testify during the four-day trial, Heffernan said, but were forced to after Cavagnaro’s girlfriend’s testimony differed from her deposition on key areas of the case.
Hirschhorn also tried to get results of a polygraph test he arranged for the Cavagnaros submitted as evidence for a new trial. Both men scored high on the questions they were asked, Hirschhorn said. “They were two of the highest scores I have ever seen,” he said.
Garcia denied the request, saying polygraph results are not reliable, and these results were particularly questionable because the defense hired the technician and no one from law enforcement was present. “The stress levels are a lot different when the results do not have to be considered,” Garcia said.
Heffernan and Hirschhorn offered several other arguments in their motion for a new trial, all of which Garcia denied.
Trap molesting is a third-degree felony, and third-degree felonies can in some cases be punishable by up to five years in prison. But a law passed by the state Legislature went into effect last summer that makes it almost impossible for a judge to sentence prison time for a non-violent third-degree felony. Prosecutors must prove the person would be a threat to society if he or she were not incarcerated, Garcia said.
Nevertheless, Dunne wanted the Cavagnaros sentenced to two years in prison, arguing to Garcia that they were a threat to the Keys’ commercial fishing industry.
“[The law] doesn’t mean they have to be a violent threat… . “They molested traps from brother fishermen who were already suffering from the down economy,” Dunne said
Garcia disagreed, taking into account the scores of letters from neighbors, former colleagues and family members praising the men’s characters and past good deeds, as well as the elder Cavagnaro’s service as a member of the Palm Beach County Fire Rescue Department. He worked for Palm Beach County from the 1980s to 2001, when he left on disability because of work-related injuries.
Garcia said he also took into account the elder Cavagnaro’s time volunteering at Ground Zero in Manhattan days after the 9/11 terrorist attacks.
One elderly man told Garcia that the Cavagnaros went out of their way to help their neighbors on several occasions.
“”My wife has taken ill several times recently, and Mike was at the door every single time,” neighbor Donald Balletti said. “It’s totally inconceivable that he would be involved in something like this.”
Tags: Lobster, Lobster MobsterCategories: Commercial Fishing, Key Largo, Lobster Tags: Lobster, Lobster Mobster
Fenn Kayak Found Off Key Largo After 6 Week 600 Mile Trip
Few sights evoke such dreadful uncertainty as an unoccupied vessel adrift at sea. Fears for ill-fated passengers quickly arise from the only immediate clue. Fortunately, the case of a kayak spotted drifting off Key Largo recently ended favorably, as the U.S. Coast Guard located the vessel’s owner alive and well at his home in the Cayman Islands. Apparently, the kayak was lost at sea for about six weeks and drifted roughly 600 miles from the Cayman Islands to the Straits of Florida.
According to a Coast Guard report, identifying the owner involved extensive international collaboration. A Key Largo boater initially notified watchstanders at Coast Guard Sector Key West, Fla., that the kayak was found drifting six miles east of Key Largo. Coast Guard responders searched the local area to find the owner and confirm no one was in distress. Once local search efforts were completed, the Coast Guard expanded its search and contacted a Fenn kayak distributor in Costa Mesa, Calif.
Notably, Fenn kayaks are manufactured in South Africa and sold by only two kayak distributors in the U.S. One of the distributors posted an online notice, which was spotted by the owner’s friend in Mauritius, an African country off the east coast of Madagascar, who contacted the owner in the Cayman Islands. The owner is now making plans to retrieve the lost kayak.
“This case was a good exercise for our search and rescue planners,” said Capt. Pat DeQuattro, commander of Coast Guard Sector Key West. “I’m very pleased with their determination and initiative to track down the owner of this unique kayak.”
Tags: KayakInvasive Lionfish Found at Key Largo’s Harry Harris Beach
By KEVIN WADLOW
kwadlow@keynoter.com
Saturday, April 10, 2010 06:00 AM EDT
Alecia Adamson and Lad Akins capture a small lionfish from inside a protected swim area at Harry Harris Park on Thursday. Sightings of the nonnative lionfish are becoming more common in Keys waters.
A lionfish capture Thursday took only minutes, but it ranks as one of the most worrisome lionfish incidents yet in Florida Keys waters. The juvenile lionfish, measuring just under two inches long, was captured in the shallow water of an enclosed swim area at Harry Harris County Park in Tavernier.
“We don’t want people to panic, but this is a little disturbing,” said Lad Akins of the Reef Environmental Education Foundation, looking at the park’s beach, crowded even on a weekday afternoon. Akins, one of the best-known experts in lionfish eradication in Florida and Caribbean waters, and REEF associate Alecia Adamson netted and bagged the lionfish near a culvert on the west side of the Harry Harris swim basin.
The swim area is completely surrounded by a stony seawall, but three large culverts allow water exchange. Grates in the culverts screen large animals out but even an adult lionfish could pass in the grate openings. “We’ve had some lionfish sightings near shore before, but nothing like this,” Akins said. “It shows the value of early detection and rapid response.”
In the 14 months since January 2009, when the first lionfish was spotted in Keys waters, there have been 119 sightings in Monroe County waters, with 71 lionfish captured. Most have been juveniles, but fish up to 9 inches have been taken locally. Lionfish are an invasive species, a Pacific Ocean fish notable for its array of feathery plumed spines. All of the spines pack a strong venom jolt for swimmers or divers who are stuck. Lionfish stings are extremely painful and can cause respiratory problems but are not usually fatal.
Lionfish are not aggressive toward swimmers or divers, but they often do not shy away from humans. It is possible to hit one by accident. “Some of the big ones are curious. They’ll come up to see what a diver is doing,” Akins said.
The species may have gained a foothold along the U.S. coast and the Caribbean when hurricanes flooded South Florida, or when private owners released them when they outgrew home tanks. Biologists worry the fast-breeding and ravenous lionfish have no natural enemies in Atlantic waters and could become a threat to native fish populations. In areas like the Bahamas, lionfish have overwhelmed reefs.
Since March 31, six lionfish sightings have been reported locally to staff with the Mote Marine Laboratory and the Florida Keys National Marine Sanctuary. “We expected this, since it’s getting warmer and more people get back into the water,” sanctuary spokeswoman Karrie Carnes said.
A tropical-fish collector spotted one this week at a piling near the Niles Channel Bridge in the Lower Keys. Other recent sightings have come from the Bibb shipwreck in about 130 feet of water off Key Largo, and the Aquarius underwater marine laboratory site at Conch Reef off Islamorada. Staff with the state Fish and Wildlife Research Institute found a lionfish inside an experimental lobster trap in the Gulf of Mexico north of the Seven Mile Bridge.
An Ocala couple, Darby and Tammy Dugan, recognized the lionfish at Harry Harris Park on Wednesday while taking pictures of sea life. “They told the staff at Ocean Divers about it, and Ocean Divers knew to call it in,” Akins said. “The fish was exactly where the Dugans said they saw it.” The Keys sanctuary held a September training session on lionfish capture, and issued 100 permits to dive-operation staff to use nets or slurp guns to take lionfish they see inside Sanctuary Preservation Areas, where all harvest of fish usually is banned.
“Our goal is to control lionfish, especially in areas like the SPAs,” Carnes said. “It’s not really feasible to say we can eradicate them, given the ocean currents and increasing numbers of lionfish.” Another training session for lionfish removal is being planned for later this year.
Meanwhile, staff at the REEF headquarters in Key Largo is working with federal marine biologists to prepare a lionfish cookbook, in hopes of raising awareness of the lionfish as a food fish. Divers and snorkelers who sight a lionfish should call local reporting hotlines: (305) 852-0030 or (305) 395-8730.
Tags: Exotics, Lionfish, LobsterCategories: Environment, Exotic Species, Fish, Key Largo Tags: Exotics, Lionfish, Lobster
Key Largo Pennekamp Lecture Series Begins Jan. 13, 2010
The annual “Delicate Balance of Nature” free weekly lecture series will begin its 19th season at 7:30 p.m. Jan. 13 at the Visitor Center inside John Pennekamp Coral Reef State Park, Mile Marker 102.5 ocean side.”The topics range from pythons and native Keys snakes, to birds of the Keys, from ethnobotany to the Overseas Heritage Trail history,” Park Manager Pat Wells said.
Park gates will reopen after hours at 7 p.m. and remain open as long as there are seats in the auditorium, which is wheelchair accessible. Seating is limited, so be on time; bring a seat cushion for added comfort. The program is sponsored by Dagny Johnson Key Largo Hammock Botanical State Park. For more information, call Elena Muratori at 305-451-1202.
Tags: PennekampCategories: Animals, Environment, History, Key Largo Tags: Pennekamp
Florida Keys Wild Bird Center Back on Track
By STEVE GIBBS Free Press Staff
KEY LARGO — A resurgent Florida Keys Wild Bird Center has hired a hospital coordinator to care for injured and sick birds and found a new location for its medical facility.
“It’s clear sailing from here,” said Bob Gintel, the new chairman of the center’s board of directors.
The turnaround comes just two months after the near closure of the facility due to funding shortfalls. But local media publicity, an infusion of donations and a reorganization of the board has kept the center afloat.
“People on the board stepped up to the plate and we are using the money we collected,” Gintel said. “There was an outpouring of money and we were able to pay off all of the vendors.”
The Ocean Reef Foundation and two other Ocean Reef Club members donated $22,000, an anonymous Islamorada resident donated $25,000 and Gintel himself ponied up $10,000 to get the non-profit rescue center back on an even keel.
In response to licensing and federal flood-plain concerns, the center has signed a one-year lease to use a vacant veterinary clinic at mile marker 94 as the center’s hospital and office. The new facility opened Monday.
However, the gift shop, wild bird educational exhibit and the daily 3:30 p.m. feeding will remain at mile marker 93.6, bayside.
Virginia Bowen, formerly of the now-defunct Folke Peterson Wildlife Center in Broward County, has been hired as the wildlife care manager. Vered Nosrad, past director of that same Broward facility, is the new director of the hospital.
“They bring a licence with them and they are highly regarded by the regulators,” Gintel said. “We’re not going to have all the flaunting of the laws as they did in the past.” [Interesting]
Hospital assistant Staci Dillis will continue to help with surgeries and rehabilitation.
sgibbs@keysnews.com
Tags: Birds, FKWBC