Lee County commissioners approve termination of Fort Myers Beach shrimping lease to clear site for grant-funded rebuild

A majority of the Lee County Board of County Commissioners voted March 17 to terminate the uplands lease for the Fort Myers Beach shrimping property so the county can proceed with a reconstruction project funded in part by a $7.5 million state grant.

County staff and the county attorney told the board that the primary cause for termination was the tenant’s failure to maintain and secure the property following Hurricane Ian, and that terminating the existing uplands lease is a necessary step before the county can seek a new sovereign submerged‑lands lease required for dredging and phased use of the site.

The action matters because the county has said it intends to use the state grant to rebuild the waterfront as a working commercial fishing facility, for emergency response landings and for county operations. County staff said some dredging will require U.S. Army Corps permits that could take 18–24 months; staff also said a phased approach might allow limited use sooner.

The tenant’s attorney, Michael Kusa, argued the termination would have the opposite effect, potentially ending commercial fishing at Fort Myers Beach rather than restoring it. "This action ... is not going to assist the commercial fishing industry at Fort Meyers Beach. It's going to terminate fishing at Fort Meyers Beach," Kusa told the board, and urged the county to negotiate rather than terminate.

A commissioner who moved the item said the site had been left in poor condition since the storm and that county action is necessary to secure grant funding and restore operations; during debate the mover said the tenant "didn't do a single thing" to clean or secure the site after the hurricane. The board approved the motion; the transcript records the motion carrying but does not include a formal roll-call tally in the public record excerpt.

The county indicated that if the property is restored and the work completed, the uplands will have to be relet under state statute and may be put out to bid; staff said the existing tenant would be permitted to bid but would not automatically retain the lease. County staff also noted demolition of previous structures on uplands and marine sides has already occurred as part of preparatory work.

Next steps described by staff include continuing permitting, pursuing a sovereign submerged‑lands lease from the state, and designing a phased plan to restore limited operations as quickly as possible.