FORT LAUDERDALE, Fla.-When a fishing captain walked into JWB Prime Steak and Seafood in the Margaritaville Hollywood Beach Resort last week, he was on the hunt for a good meal.
But as soon as he picked up the menu, something caught his eye. At the top, listed as the "locally speared fish" of the day, was permit.
The problem: It's illegal to sell permit commercially, let alone speared.
Now, the Florida Fish and Wildlife Conservation Commission is investigating the incident at the restaurant, which is named after singer and conservationist Jimmy Buffett.
"Currently, the FWC is still looking into the allegation. No report has been completed yet, and our law enforcement division is still trying to verify that the information printed on the menu was factual," said Robert Klepper, spokesman of the FWC's law enforcement division. "Generally, when Florida law prohibits the purchase and sale of any particular species, the violation is often classified as a second degree misdemeanor. A number of factors are considered since every case is unique, and officers may elect to provide education, warn or cite."
Upon seeing the menu on Aug. 7, captain Wes Bedell, owner of On a Mission Fishing Charters in Naples, said he immediately reported it to his friend, Ross Boucek, who is the Florida Keys initiative manager of Bonefish and Tarpon Trust, a science-based, nonprofit conservation organization that collects data on flats fisheries and habitats, and works with the state on protections.
"I was really shocked when I saw it on the menu," said Bedell, who was in Hollywood for the night. "There are a lot of other fish they could be serving besides a highly protected one like the permit."
The trust reached out to the restaurant the next day to explain the regulations.
"The good thing is that as soon as we were able to talk to folks at the restaurant locally and at (Margaritaville) headquarters, they saw the error and changed it immediately," said Aaron Adams, director of science and conservation at Bonefish and Tarpon Trust. "Based on my conversation, it sounds like the first and last time they'll serve permit."
"Still, I find it hard to believe that a chef and manager of a five-star establishment such as Margaritaville and JWB does not know the regulations of something that is coming into their restaurants," added Bedell.
According to Tamara Baldanza-Dekker, chief marketing officer of parent company Margaritaville Holdings, serving a fresh spear-caught fish nightly is a centerpiece of the JWB concept.
However, she said, "we were made aware that without the JWB team's knowledge, one permit fish was purchased, and six servings were sold, one evening last week."
"It is very unfortunate that this incident occurred, and we are disappointed to see it detracting from the good work that continues to be done at JWB, including the incredibly positive impact they've made on reducing the population of invasive lionfish," she added. "That said, we understand the importance of this issue and have been assured it will not happen again."
Boucek said he was told the fish was speared in federal waters in Jupiter. But spearing permit for commercial use, regardless of the location, is illegal.
"It doesn't matter if it's caught in federal waters or not. (Permit) is not allowed to be speared in state or federal waters for commercial use," said Amanda Nalley, spokeswoman for Florida Fish and Wildlife Conservation Commission.
The only time a permit can be harvested commercially is if it is caught accidentally as bycatch in a small area of the Gulf of Mexico, she said.
"This is a massive regulatory infraction. You can't serve permit in a restaurant, especially speared and especially on the east coast of Florida," Boucek said.
The Bonefish and Tarpon Trust has worked directly with the FWC for the past 20 years to assess scientific data and fishing regulations, and played a key role in getting permit listed as a protected game fish in 2011, which banned all commercial fishing of permit.
Anglers come from all over the world to recreationally catch the massive sport fish that's round from the side, but thin and silver like a coin. They're often confused with pompano, but permit can grow to almost twice a pompano's size. They're difficult to catch and are known for their strong fight and underwater speed.
"In the Florida Keys, guides were reporting populations getting worse and worse over the last 15 years," Boucek said. "FWC was estimating that every other fish that was caught was being harvested. Something needed to be put in place to ensure those declines were halted."
This is the second time since May that a South Florida restaurant has drawn criticism for illegally selling the protected game fish. The Miami Herald in May reported on a photo of Stiltsville Fish Bar chefs posing in the restaurant with a large permit, which drew controversy.
But this time, the error came from an internationally recognized brand owned by a prominent conservation advocate. Buffett helped found the Save the Manatee Club in 1981, which is a nonprofit that helps to protect manatees and their habitats, and inform the public on threats to them.
There are 11 other Margaritaville resorts across the United States and Caribbean, and five more locations are planned to open in the near future, according to their website.
Buffett also owns restaurants named after his hit songs like "Margaritaville" and "Cheeseburger in Paradise," which all list many different seafood dishes on their menus.
"It just seemed like everybody was on the wrong page on regulations," Boucek said. "Regardless, it's hard to not get emotional when you see something you care so much about being served as food."