Monday, June 26, 2017

Why I No Longer Support The Florida Wildlife Federation




Does the FWF hire bad attorneys or do they sue to generate donations?

In 2015, I stopped giving to the Florida Wildlife Federation (FWF) when they decided to sue the State of Florida over Amendment 1, Water and Land Conservation.

I did not vote for Amendment 1.

I typically vote “no” on all constitutional amendments.1  

They only thing I dislike more than the mob rule of the public passing constitutional amendments is when the state gets sued by conservation groups.   So when the FWF announced triumphantly that the would be suing the government over Amendment 1, I did not renew my membership and sent an email to the president of FWF that cited that I would not support an organization that sues taxpayers. I asked the FWF president why, since Amendment 1 passed with overwhelming support, that FWF could not find one legislator that would sponsor a bill that would craft a better law.  I thought any opposition to such a bill would be political suicide and the conservationists would have the upper hand.

Here is an update on Amendment 1:  Amendment 1 Lawsuit Cost.

I choose organizations that work with government and policy makers, not those that generate frivolous lawsuits that sound good and we all end up paying for, sometimes for a decade....

I recently received an email from the South Florida Water Management District (SFWMD) with a news release stating that an they had prevailed in an important legal case in Appellate Court.  The case was filed by the FWF and some other groups 10 years ago.  Being the legal junkie that I am coupled with the fact I was a previous supporter of the FWF, I looked up the case and was astounded after I read the Appeals Court Ruling.  It was reaffirmation of why I stopped donating the FWF.

The court’s ruling can be found here: FWF vs Army Corps of Engineers

In summary, the FWF sued the Army Corps of Engineers to force them to regulate the flow of Lake Okeechobee for environmental reasons.  Sounds great, right?  Except this duty is the sovereign right of the State of Florida, which it executes through the SFWMD.  But SFWMD was removed from the lawsuit because of sovereign immunity. The Army Corps of Engineers' responsibility in this matter is limited to maintenance and navigation.  One has to ask:  Just where were they going with this lawsuit?  The court openly asked why the lower courts allowed this case to proceed.

The court ruled (emphasis added):
“In line with the case-by-case nature of these determinations, which will necessarily result in nonmerits rulings, courts should be careful not to credit such far-reaching and speculative concerns. This is especially true when, as is the case here, the party seeking the broader ruling attempts to do so to the potential detriment of an absent sovereign entity whose absence is itself an independent ground warranting dismissal.”
The court went on to further admonish the lower court, which had also dismissed the case but only because the Army Corps of Engineers’ immunity (emphasis added):
“The “concrete form” of the dignity and comity interests at stake in affording the proper respect due the Water District as a sovereign entity also strongly favors dismissing the case because of the Water District’s absence. See Pimentel, 553 U.S. at 865–66, 128 S. Ct. at 2190. By ratifying the Conservationists’ voluntary dismissal of the Water District and unnecessarily proceeding to reach the scope of the Corps’s immunity under the navigation-maintenance exception, the District Court set the stage for a potentially expansive ruling in the Water District’s absence. Granting the Corps broad immunity would directly and adversely affect the delicate balance of power struck by the United States and the State of Florida in their management of the Waterway. The Conservationists, whose narrow concerns in this particular litigation do not align with the full range of regulatory interests possessed by the Water District, cannot be expected to serve as an adequate representative of the Water District if the Water District were not joined as a party. And even if the Water District could have waived its Eleventh Amendment immunity or participated as amicus curiae, these limited accommodations would fail to fully vindicate the Water District’s sovereign interests, whether by forcing the Water District to forfeit its rightful immunity from suit or by treating the Water District as little more than an interested bystander. When taken together with the other interests at stake and absent substantial countervailing reasons, the Water District’s sovereign interests strongly favor dismissal under Rule 19(b).”

“Far Reaching and Speculative Concerns” says it all.  I wonder where the Amendment 1 lawsuit will be 10 years from now.  Hopefully it will be resolved sooner than that.




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1 I did not vote for Amendment 1 because I am against the whole voting for State Constitutional Amendments by public vote.  Despite having good intentions, the process creates bad law.  I believe that despite the arguing, grandstanding, long and grueling legislative process produces the best laws.  Staffs are involved, community input is solicited (usually from interested parties that the law has a direct effect), and every effort is made to address all concerns and loop-holes and pit falls are considered.  Even with this process, laws usually are found to be lacking, some things come up that appear to obvious in hind sight but were not considered in the draft.  At that point, the law is amended by the legislators or the courts interpret the law as written (at least I hope “interpret” and not write new law).
Consider what happens when the “public” passes a law.  Laws are passed by public vote by design are grossly lacking, overly simplified, and full of loop-holes.  Amendment 1 was no exception:  The Real Amendment 1

Tuesday, June 13, 2017

The Horntoad Says We Should Go To Guntersville





“THE GUNTERSVILLE EFFECT”

What would you do to become better at your sport?

I am not sure why, but I watched this "documentary" and it just is staying with me like when one thinks about a movie days after seeing it.  Part of it is fishing, part is about economics, and part of it is about friends and family.  Whether you are into tournament bass fishing or not, it is well worth the 30 minutes.


20 Feet Deep:  The Guntersville Effect 

Sunday, June 4, 2017

Quote For June

"After all, bass come to the shoreline to feed, and a feeding bass can be caught."

A. D. Livingston

Sunday, May 28, 2017

A New Yardstick Part II

Anyone can hit a body of water with light gear and size 8-4 flies and catch a ton of fish.  As A. D. Livingston states in his 1994 book Bass on the Fly:


‘To be sure, small lures will catch some bass of any sort, but I firmly believe that day in and day out you’ll catch more fish with size-2 and larger flies.”


I would love to be able to tell you how I, day in and day out, fish with my 5wt and catch 3lb to 5lb bass consistently.  I have, on occasion, caught some really good sized fish as described in the previous sentence.  But consistently?  Depends on your definition of  “consistently”, doesn’t it?


 Well here is my definition:


Consistency would be to frequently place in the top 50% of a tournament held on the body of water you just fished.


There is my definition and  your new yardstick.  Consider it a challenge from me to you.


How do you put it into practice? 


Tournament weight information is readily available thanks to the internet.  Even if your body of water doesn’t have clubs fishing it, you can use data from nearby similar lakes.  Find club websites for your area and they will inevitably have a “tournament results” page and you will find the competitors’ weights  for the bodies of water they fish.  Most clubs and trails will fish the same lakes, sometimes twice, each season.  So there is a high probability that you will be able to match time of year too.  The info will also show how many keepers caught and weighed in.


I know what you are asking me:  I am to weigh my catches? 


Damn straight.


 You can obviously estimate weights, but even seasoned bass fishermen either under or over guess their catches.  The scale doesn’t lie and one of your goals should be to accurately estimate your catch.  I use a Boga Grip but there are a lot of other options.  You should always measure the length your catch and any fish under the minimum legal length doesn’t get weighed because it doesn’t count.


Many people gauge others and themselves by their photos of large fish catches.  That’s not what I am talking about here.  What I am talking about is Lefty Kreh’s third stage in the progression of the fly fisherman:  to catch large fish consistently.


If you take up my challenge, you will find that the fire of your imagination will be stoked and you will experiment more.  You will grow as a fly fisherman and as a bass fisherman.

Sunday, May 21, 2017

A New Yardstick Part I

Many warmwater fly fishermen are focused on fish per hour and don’t even realize it.


The actual measurement of fish per hour is used by those in resource management to evaluate a fishery.  Here in Florida, the best lakes have a 0.5 to 0.8 fish per hour catch rate (annual average).  By that yardstick, most of us are doing great, or so we think.  We tend to only remember our best days and we really don’t want to quantify our fishing days anyhow.


Just for comparison, let’s look at “professional” fisherman.  One of my favorite websites is Jim Porter's Guide to Bass Fishing.  Jim posted an article on fishing for bedding fish by professional bass fishermen and in that article he cited that “pro” anglers have a catch rate only slightly higher than the national average of the non-tournament angler at 0.19 bass per hour.  The data is old, but still useful in our discussion.

 

Why would “pro” bass fishermen have such a low, pathetic catch rate?


 We all know that TV fishing shows are heavily edited and spliced to give the impression of  great fishing days.  Even the 1 hour Bassmaster Elite fishing shows gives the impression of multiple catches by multiple anglers.  Then came Bass Live and we get to see the long the fishless droughts.  We even get to see the pro angler sight fishing a single large fish for hours.  Sometimes it works out, sometimes it results in only wasted time.


So the low catch rate among most bass anglers can be attributed, at least partially if not mostly, to targeting larger fish.  They aren’t using lures and techniques that bring many fish to hand and when they are, they will typically change techniques to stop catching smaller fish.   I know when I am catching a lot of one to two pound bass, I looking to change something.


Why do many warm water fly fishers  claim a successful day by catch rate?  I think it is because of two things:  1)  They consider themselves successful and are content ,  2) they don’t know there are larger fish to be caught ,or, 3) they don’t think they can catch the larger with a fly rod.  I do feel this leads ultimately to stagnation and disappointment.


Can the yardstick of  catch rate challenge us and keep our interest over many seasons?   I say “no”.  I am sure you know of someone who has left fly fishing and moved on to other hobbies.  And, at least for the ones that I know of, some of these folks were dedicated to the sport.


******

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