Cops: Captain fishing off Florida Keys was 2,611 fish over limit

Late last month, state fish and wildlife police spotted a commercial fishing boat on their radar moving in a pattern that suggested it was using a runaround gillnet to catch fish in federal waters on the Gulf of Mexico side of the Lower Florida Keys.

Gillnet fishing is a controversial practice of dragging a large monofilament net off the back of a boat for fish and snagging them by the gills. All but the smallest marine life, including sea turtles and marine mammals, in the way of the nets are usually caught, and most of the trapped animals die.

Gillnetting has been banned in state waters since July 1995 as the result of a ballot initiative. Even in federal waters, however, it is highly regulated, especially for certain species of fish.

Four Florida Fish and Wildlife Conservation Commission Officers rode out about 20 miles off Big Pine Key on two patrol boats to meet up with the 48-foot fishing vessel, Legacy, to inspect its catch.

While on board, the officers noticed a large amount of pompano on the decks and a large number of Spanish mackerel and pompano inside of gillnets on the decks, according to an FWC report. Mates were icing down the fish on the deck and moving some of the catch below deck to the ice hold, the state agency said.

Fish and Wildlife officers said in their report that the vessel was about five miles south of what is deemed the “Pompano Endorsement Zone,” a designated area in federal waters off Collier County and a portion of mainland Monroe County for commercial anglers who hold a special license to fish for pompano using gillnets.

The captain and owner of Legacy, Ronald Birren, told the officers he was gillnetting for Spanish mackerel and that the pompano were bycatch, meaning they were caught up in the net while he was targeting the mackerel, according to the report.

He also said he had a license that allowed him to keep an unlimited amount of pompano, the report states. The FWC officers, however, told him he was outside the Pompano Endorsement Zone, and was only allowed to keep 100 as bycatch, according to the report.

Pompano is a member of the jack family, and a stout, strong-swimming sport fish sought by commercial anglers looking to sell their catch to wholesalers and restaurants.

After following the 52-year-old Birren back to his Everglades City dock, officers found he had caught 2,711 pompano, placing him way over the limit, according to the report. The officers also said 76 of the fish were smaller than the legal size of 11 inches to the fork of the tail.

On the way back to the dock, one of the officers stayed on board of the Legacy. When he entered the wheelhouse, he overheard Birren on his cellphone complaining to someone that he was set up.

Officer Jeremy Foel wrote in his report that Birren told the person on the other line: “Someone called on me.” He also said, according to the report, “They wouldn’t have ever even knew I was there if it wasn’t for that mother f—-er calling. I was 18 miles off shore.”

Birren could not be reached for comment. His attorney, Darren Horan, did not immediately respond to an email and phone call seeking comment.

Despite being caught with so many over-the-limit and undersized fish, Birren was not arrested. Instead, he was cited for possession over over the allowable gillnet bycatch for pompano outside the endorsement zone and possession of 76 undersized pompano.

Each charge is a second-degree misdemeanor, which is punishable by up to 60 days in jail and a $500 fine.

Birren was allowed to keep 100 of the pompano. The rest of the 2,611 fish were sold to the highest bidder, the Combs Fish Company out of Naples, for $6,882.05. The total catch weighed 3,932 pounds and Combs paid $1.75 a pound, according to the report.

Monroe County State Attorney Dennis Ward, who has made prosecuting fishery violations a hallmark of his administration — even seeking and getting jail time for charges like lobstering out of season — said he’s frustrated that he’s limited to the misdemeanor charges in cases like this.

“I’d be asking for felonies for both of these charges, but the Legislature has to put more teeth in the laws,” Ward said. “This is nothing but greed. They are overfishing our resources.”

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