'Just News Ten' responds but mako shark capture still under investigation

On Tuesday, Florida TV station Just News 10 reported on a 748lb Mako shark that appeared to have been free-gaffed from the water, a practice that is illegal in State and Federal waters. Shark-Free Marinas picked up on the possible violation and asked for clarification from JN10. Today they have responded but the legality is still under investigation at a Federal level.

(If you have not been following this story and are unaware of it's ramifications please read the article here)

After numerous calls and emails from the concerned public Just News 10 has said:

Despite public outcry regarding what some considered the unnecessary killing of a shark that posed no threat, the Florida Fish and Wildlife Conservation Commission determined that Tuesday's capture was perfectly legal. (Link to Article)

Here's the problem. The FWC have not seen the video AND this is out of their jurisdiction... and that's a problem.

Regarding the Just News 10 updated report

To give due diligence to JN10's statement I today spoke to George Pinot of the FWC . He is the officer who was contacted by reporter Rob Schmitt for an official determination of the captures legality. Mr Pino today went on record as saying:

I spoke to the reporter who described the event and stated that if the capture happened as he said (rod and reel followed by gaff) then it would be legal under current laws. However I have not seen the video and have never stated that this particular capture was legal. In any case the fact that it occurred 18 miles from shore means that it is out of our jurisdiction. I have passed this on to the Federal Authorities (NOAA .ed) who are officially investigating the matter and we will await their determination.
George Pino, FWC

Its time to State the obvious

Ok Just News 10, it's time to officially ask you for clarification. Your report is inaccurate.

It's plain that your story upset quite a few people. SFMI has received many emails and comments from people looking for an answer to the question:

Was it legal?

But here's the real issue, much of the public 'outcry' was in relation to code violations, not animal rights. They are completely different issues and in these times of necessary conservation it is misguided of you to disregard valid legal questions.

Responsibility in the media

Here is the letter I sent yesterday to the reporter involved. I'd like you to read it and consider the role the media plays in modern day conservation:

Good Afternoon Rob,

I've been forwarded a number of emails from people seeking the same answers I am as a result of your story. I can appreciate that as a reporter your job is to deliver the news and to entertain, but along with that role comes a responsibility towards public awareness. As you can see this issue has now crossed the country and has featured on Good morning LA as well as the LA Times.

You've said that the fishermen were acting within their rights by using primary tackle (rod and reel) to capture the animal before gaffing it. If that is the case then your editor did you a disservice by removing any footage of them legally capturing the animal.

Today I have spoken to numerous news agencies as well as the enforcement arm of NOAA who will be investigating the matter. If you are correct then the fishermen will be cleared by providing the footage of a legal capture, if not, they will be prosecuted.

I would like to ask you to pre-empt any further embarrassment to the fishermen and do a follow up story clearing their name... with footage to prove it. This is not an issue of animal rights, cruelty or fishermen vs greenies, this is sheerly a matter of enforcement of marine laws and the responsibility of the media to be accurate, especially when dealing with threatened species (current IUCN data).

You have the power to fix this and whatever the result there will be lessons learned here. I appreciate your time and await your response.

Cheers,
Luke Tipple
Director of the Shark-Free Marina Initiative
www.sharkfreemarinas.com

Action currently taking place

As the catch was made 18 miles off the coast of Ft Lauderdale the fishing code of conduct is not set by the FWC. As stated on the FWC website:

Individual states manage sharks in their waters from shore to three miles offshore; however, their management is coordinated by the Atlantic States Marine Fisheries Commission (ASMFC) through an Interstate Fishery Management Plan.  NOAA Fisheries, Division of Highly Migratory Species (HMS), regulates Atlantic sharks from three to 200 miles offshore.

Fisheries Biologist Craig Cockrell of NOAA today confirmed that there is an active NOAA investigation being conducted by it's enforcement branch. He also stated that there may be some jurisdictional issues as the shark was officially landed (ie brought to the dock) but the FWC have officially passed this along to NOAA who will make the determination.

Conclusion and directions for the future

Regardless of the outcome I think the fishermen have been embarrassed enough. Just News 10, please consider that you play a vital role in public education and run a follow up story showing the footage of the legal capture, if it occurred. One frame of the guys with a fishing rod and reel pulling the shark in would be enough to clear their name. If this is not possible, and the capture was illegal, then please cooperate with the Feds.

This isn't about animal rights, persecuting fishermen or slandering a news network. This is about promoting public knowledge of acceptable fishing practices. Your story made light of possible, and serious, code violations in regards to a threatened species of shark. That is not acceptable. I don't think it's too much to ask that the media practices responsibility in it's reporting.

So I'm asking you, with all due respect, to follow up on this story and consider the extremely positive role the media can take in modern day conservation and public education.

SFMI will be publishing updates as they occur.

Luke Tipple
Director of the Shark-free Marina Initiative
staff@sharkfreemarinas.com