Mark Benecke collected his fishing gear and, as Holmes Beach police officers requested, left the beach Oct. 23.
But he didn’t leave happy.
Benecke, of Bradenton, says he doesn’t think he was breaking the law or threatening endangered animals while fishing in the Gulf of Mexico from the beach in the 3100 block of Gulf Drive.
But Holmes Beach Police Department officers were concerned that he and at least one other fisher at the location were violating the city’s ordinance requiring lights out on beaches during sea turtle nesting season.
Nighttime fishing is allowed on the shore in Holmes Beach, but fishers must comply with lighting regulations during nesting season.
Because artificial light can disorient endangered nesting and hatchling loggerhead sea turtles, the city has an ordinance stating, “It is the policy of the city that no artificial light illuminate any area of the incorporated beaches of the city” from May 1-Oct. 31.
Benecke said he and friend Wayne Slusser were fishing with glow-sticks — red lights, about 4 inches in length, hanging from poles about 10-12 feet above the surface — and hoping to land some big fish.
“Tarpon were running,” he said, adding that he thought the reddish light was in keeping with the turtle-protection rule.
With nightfall, at about 8 p.m., Benecke said two HBPD officers approached the fishers.
“Upon arrival, Sgt. Cales and I observed several individuals fishing with man-made structures, with artificial lighting attached to each structure,” wrote HBPD Officer Michael Walker in an incident report. “Each of the artificial lights were illuminated upon our arrival, which is a violation of city code.”
The report states that the officers asked the fishers to leave, and suggested they contact HBPD Lt. Dale Stephenson or Holmes Beach code enforcement Nancy Hall with any questions.
Benecke later complained that others were lighting the beach — lamps shined from homes fronting the Gulf and beachgoers walked with flashlights. The officers also had flashlights, he said.
“He told us to leave,” Benecke said. “It just bothered me.”
But the HBPD report refers to another incident on the beach earlier this year that involved Slusser.
In August, some beachgoers complained to police that Slusser was using lights and a lot of other equipment to fish for sharks and falsely claimed to be working for Mote Marine Laboratory.
Then, on Oct. 23, the officers said they again were told that the fishing was part of a Mote project to collect data, and then, in a backtrack, they were told the fishing was part of a data-collection project that was accessible to Mote and other marine labs.
Slusser, according to the report, also told the officers he had the permission of two city commissioners to fish with the lights.
Walker said he asked the fishers to leave because of the inconsistencies in their stories and the city ordinance violations.
At the time of the incident, turtle season on the Island was winding down. Two nests remained — one on Coquina Beach and another at 71st Street in Holmes Beach.
Suzi Fox, of Anna Maria Island Turtle Watch, which monitors the beaches during nesting season and collects data, said of the incident, “Any and all lights must be shielded, red or not. And no matter how many nests are left on the beach, season ends Oct 31. Historically code officers make no exceptions and nor do they show favoritism.”