Botana: Bill to change Estero Bay Aquatic Preserve boundaries will be back in 2025

A bill that sought to chop off the part of the Estero Bay Aquatic Preserve died last month after public outroar, but the push to change the preserve boundaries will be back again next year.

Adam Botana is the Bonita Springs Republican who proposed House Bill 597, which would have removed parts of Matanzas Pass (waters surrounding San Carlos Island) from the preserve and allow for prohibited work like dredging.

"It died because we didn't want to spend the political capital it would have required to pass the bill," Botana said.

Botana said he was simply trying to help the shrimping industry that's abutted the preserve for decades.

Andrew Shroyer wraps a pallet of shrimp at Erickson & Jensen Seafood Packers at the shrimp docks on Fort Myers Beach on March 7, 2023. Rep. Adam Botana proposed a bill to allow dredging in parts of Estero Bay Aquatic Preserve, he says to help shrimpers.
Andrew Shroyer wraps a pallet of shrimp at Erickson & Jensen Seafood Packers at the shrimp docks on Fort Myers Beach on March 7, 2023. Rep. Adam Botana proposed a bill to allow dredging in parts of Estero Bay Aquatic Preserve, he says to help shrimpers.

The fleet behind Fort Myers Beach was hit hard by Hurricane Ian in 2022, and Botana says the shrimping industry needs help to stay afloat in the aftermath of the storm.

"We need every type of help we can get because that's important (because) once the shrimpers are gone, you'll have a hotel or a condo or some type of development," Botana said. "We want to keep that industry here and once that sells to a house or a marina, that's gone."

Shrimp is unloaded at Erickson & Jensen Seafood Packers on San Carlos Island on Fort Myers Beach on Thursday, Sept. 14, 2023. Nearly a year after Hurricane Ian tossed most of the shrimp boats ashore, Erickson & Jensen Seafood Packer is surviving but struggling. High fuel prices and low shrimp prices are not helping as they rebuild docks and buildings. The hope for the future includes building a working waterfront that would be called ÒShrimp Town.Ó This would include a restaurant and market. The other company, Trico Shrimp Company has been dormant since Hurricane Ian and plans for the future are unknown.

Botana said owners of the Key West Express, shrimp boats and other businesses in the area approached him with the idea.

He said there is no connection between the bill and any of the planned development that ongoing on San Carlos Island.

Many local elected officials blindsided by Botana's bill

The bill would have also allowed for the removal of a sandbar that's used extensively by threatened and endangered wading and shorebirds.

No public meetings were held by Botana or Martin, and local elected officials largely learned about the push in a November New-Press article that was based off a cryptic public notice.

Fort Myers Beach is awash in color just before sunrise on the mooring field on Matanzas Pass on Monday, Nov.16, 2021.
Fort Myers Beach is awash in color just before sunrise on the mooring field on Matanzas Pass on Monday, Nov.16, 2021.

Senator Jonathan Martin, R-Fort Myers, filed companion bill 1210, a version that died March 8 in the rules making process. Botana's House bill died the same day in the Water Quality, Supply and Treatment Subcommittee, according to state records.

Charlie Whitehead is a community leader on San Carlos Island, and he's concerned about any version of the bill returning next year.

'The least they could do is hold public meetings'

"But it would only focus on the south end of the island, where the developer wants to dredge," Whitehead said. "I would think if they were doing to do that, the least they could do is hold public meetings to let people know what they are up to, but I haven't heard anything about that."

More: Estero Bay bill moving forward in Senate, House version still alive

Estero Bay is the state's oldest aquatic preserve, and it's been given the highest level of protection available.

Clouds billow over the shrimp docks on San Carlos Island on Fort Myers Beach on Thursday, Sept. 7, 2023. Nearly a year after Hurricane Ian tossed most of the shrimp boats ashore, Erickson & Jensen Seafood Packer is surviving but struggling. High fuel prices and low shrimp prices are not helping as they rebuild docks and buildings. The hope for the future includes building a working waterfront that would be called ÒShrimp Town.Ó This would include a restaurant and market. The other company, Trico Shrimp Company has been dormant since Hurricane Ian and plans for the future are unknown.

Still, the bay and its tributaries are already polluted, and environmental groups fear severing the preserve will only make water quality conditions worse.

"There was an interest group that was anticipating a marina, and it might have involved some dredging and that's what's behind it," said Calusa Waterkeeper Emeritus John Cassani. "You've got to stay vigilant about what's going on."

Senate bill (1210) was sponsored by Martin, and it received a favorable vote from the Environment and Natural Resources Committee on Jan. 17.

Estero Bay is home to bald eagles, a popular fishery

Estero Bay is located in south Lee County and receives waters from the Imperial River in Bonita Springs, the Estero River in Estero, Mullock Creek in San Carlos Park and Hendry Creek in south Fort Myers.

It is the state's oldest aquatic preserve and is home to animals like dolphins, manatees and bald eagles and is a popular recreational fishery.

Boats move through Matanzas Pass on the San Carlos Island of Fort Myers Beach on Tuesday, Feb. 13, 2024.
Boats move through Matanzas Pass on the San Carlos Island of Fort Myers Beach on Tuesday, Feb. 13, 2024.

The Nov. 9, 2023 notice, published in The News-Press, reads: "Notice is hereby given of intent to apply to the Florida Legislature, in the 2024 regular or any special or extended legislative sessions, for passage of an act relating to aquatic preserves, amending chapter 75-172 or Section 258.39(28), Florida Statutes, relating to the boundaries of the Estero Bay Aquatic Preserve."

Whitehead said next year's version may be more appealing but that he's still skeptical.

"I don't want to say that it is better but at least it would be a smaller bite," Whitehead said. "I'd have to be convinced (there would be not environmental degradation) before they changed anything."

The News-Press reached out to Martin's office but did not receive a response.

Connect with this reporter: Chad Gillis on Facebook.

This article originally appeared on Fort Myers News-Press: Environmental, civic leaders worry, prepare to fight 2025 Estero Bay bill