Fishing guides are essential?

Posted on April 15, 2020

Some local charter fishing guides are among those questioning whether or not Governor Ron DeSantis’ “Safer At Home” executive order prohibits them from earning a living on the water or if it deems them “essential” – as the order described recreational fishing and hunting.

After initially resisting calls to issue a “stay-at-home” order, DeSantis signed an executive order calling for all Floridians to stay at home for the next 30 days and only leave for “essential” services after President Donald Trump extended national social distancing guidelines (“30 Days to Slow the Spread”) for an additional 30 days until April 30.

DeSantis’ executive order took effect on Friday, April 3, and is currently scheduled to end on April 30.

Gov. DeSantis’ executive order leaned heavily on both a Miami-Dade County Emergency Order (07-20) outlining essential services and activities, as well as federal guidance issued by the Dept. of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) detailing essential critical infrastructure workers.

“In concert with the efforts of President Trump and the White House Coronavirus Task Force to fight COVID-19, and based on guidance provided by Florida Surgeon General and State Health Officer, Dr. Scott Rivkees, all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities,” the executive order stated.

However, the governor’s order has created some confusion and conflict, as it refers to several different agencies and both federal and locally-adopted documents to determine what businesses are allowed and what activities are deemed to be “non-essential.”

In his press conference, DeSantis said the state would follow guidelines outlined by the Department of Homeland Security and referenced the Miami-Dade County executive order when it comes to which workers and businesses are considered essential and non-essential.

The various sources and differing lists have confused many business owners — including those along the Taylor County coast, many of whom are already upset over a decision made by local county commissioners to close public boat
ramps.

Capt. Tony Mathis of YKnotFishGuide Service operating out of River Haven Marina in Steinhatchee, contends that the governor’s order did not specifically list fishing charters and golf courses as “non-essential.”

“First, the governor clearly stated that along with most other outdoor activities, fishing was considered essential. He also stated that boating was fully allowed, with a maximum of 10 persons per vessel and boats not closer than 50 feet to each other,” Mathis stated.

“I have located and read the entire directive, as well as the several amendments and updates to the initial directive. Nowhere was I able to find any list that contained golf courses or fishing charters as non-essential or any directive that they close and remain closed during the directive’s dates,” Mathis continued.

“In fact, all golf courses that I have checked in the entire state, unless directed otherwise by local agencies, have remained open,” Mathis added.

The local captain took exception to an April 3 Perry Newspapers’ article entitled “Is Your Business Considered Essential?”

The article correctly stated that DeSantis’ executive order referred to already-existing lists of “essential activities” created or issued by the U.S. Department of Homeland Security, as well as a “stay-at-home” emergency order issued by Miami-Dade County (who closed boat ramps and marinas) to determine which services are deemed “essential.”

DeSantis’ executive order also refers to a list of essential services and activities on the Florida Department of Emergency Management’s website (www.floridadisaster.org) and a U.S. Department of Homeland Security document on the same site issuing guidance on esstential and critical infrastructure workers.

While a Miami-Dade County press release on the executive order specifically listed “social clubs, tennis clubs, golf courses and fishing charters” as “non-essential,” the Department of Homeland Security memo does not.

In fact, the Homeland Security memo referenced by DeSantis in his order states, “This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion.”

Creating further confusion, although they were not ordered closed by the governor’s order, some local county governments did opt to close public boat ramps. However, while some counties closed access to all boaters, others limited boat ramp use to residents only and others closed ramps to everyone but commercial fishermen.

What is restricted and how severe those restrictions are remains unclear.

DeSantis himself seemed to offer some leeway during the press conference, stating, there’s “a whole bunch of possibilities where some of the non-essential businesses will still be able to do something.”

“It’s an order to individuals saying…you can engage in essential services, essential activities, but other than that you need to stick close to home,” DeSantis said during the press conference. “Under the order you wouldn’t be able to go into some of these (businesses) and conduct business and follow the order.”

The governor also indicated the list could change during his press conference, stating, “If there is a different essential service, someone can ask. We can add it or not add it as we see fit.”

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