Mangroves grow land and they protect our shoreline from event like hurricanes and high tides and storm events. Palma Sola builder faces penalties for cutting, killing mangroves in Bradenton By CHARLES SCHELLE and MATT JOHNSON - Herald staff writers January 30, 2015 12:00 AM , Updated January 30, 2015 04:27 PM Mangroves are important for many reasons, and mangrove trimming is regulated under Section 403.9321-403.9334, F.S., “Mangrove Act.” Mangroves serve as a key ecological component in several ecosystems, including serving as a nursery for many game and sport fisheries. The Bombay High Court, in an 83-page judgment, on Tuesday banned destruction and cutting of mangroves in Maharashtra. Making a civil mangrove-violation case can be a slow process. • Violation: No permit • Mitigation: Planting of 135 mangroves and monitoring for 3 years. The state, however, defends the penalties it hands out, noting punishments often go well beyond fines. The bench, comprising Justice AS Oka and RI Chagla, also prohibited any sort of commercial exploitation of the mangroves. Publications: Homeowner Guidelines for Trimming Mangroves; Professional Mangrove Trimmers Registered in Pinellas County Listing "If we determine, yes, they are doing something contrary to the statute, we determine why they're doing it, see if it's ignorance or specific intent," Rach said. The bench, comprising Justice AS Oka and RI Chagla, also prohibited any sort of commercial exploitation of the mangroves. Every day during which a violation occurs is considered a separate offense. The penalty for removing or improperly pruning a mangrove is up to 5,000 dollars per plant. klollar@news-press.com, A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE 1-800-HELP-FLA OR ONLINE AT www.FloridaConsumerHelp.com, REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE." Tattar doesn't like the idea of off-site mitigation or mitigation banks. Unauthorized cutting of mangrove species, particularly naturally growing species or non-replanting of areas where harvesting had been conducted, shall be sufficient cause for the suspension, or cancellation of the CBFMA, without prejudice to penalties provided for in PD 705, as amended, Part of it, Moncrief said, is that, to make a criminal case, the state must prove the defendant willfully committed the violation. The case also involved fill violations (filling without a permit). It goes to the state attorney's office. "We need the public's input to do our job. We do what we can.". Subsequent violations: Up to $100 for each mangrove … "If mangroves are cut in my neighborhood, I want to see them restored. • Mitigation: OR Golf Partners had to donate $225,000 to the Florida Keys Environmental Trust Fund for restoration of mangrove wetlands at a site managed by the state park. Your California Privacy Rights / Privacy Policy. Danny Lippi: Every once in a while you’ll get a pretty good client that understands the benefits. More than money. Ashley Gardener, a spokesperson for the DEP, said the consent orders were issued to the Wilbur Improvement Association, Inc. — Wilbur-By-The-Sea’s voluntary Home Owner’s Association — and Peter Zarcone, the individual who hired the tree cutting service to slash the mangroves. Abigail Brashear @abigailruthnews Wednesday Feb 26, 2020 at 6:21 AM Feb 26, 2020 at 12:41 PM. Mangroves are found along coastal areas and can be found on many plots of waterfront property. 1 Recommendation. Furthermore, the survival of juvenile fish is aided by the long residence time of water amongst the mangroves, which is facilitated by the mangrove roots. If we feel a homeowner didn't know better, maybe there will be a low penalty.". Red mangrove trees at water edge usfs via wikimedia commons Sarasota County Commissioner Christine Robinson still regrets not checking her email an hour or two sooner on Feb. 22, 2014. Abigail Brashear @abigailruthnews Tuesday Mar 31 ... Zarcone will pay a total of $5,559 in penalties… Perhaps one of the most commonly identified services provided by mangrove communities is the provision of a nursery habitat for juvenile fish. Choose the plan that’s right for you. In fact, 19 of the fines assessed since April 1997 were $250 or less — $250 is the maximum fine the state allows for illegally parking in a handicapped space. Most unauthorized cuttings of mangroves are reported to the state or the local government by angry neighbors who enjoy the natural view and the bird life and whatnot that the mangroves typically attract and provide. Anyone violating the state's Mangrove Trimming and Preservation Act can be assessed a civil penalty of up to $10,000 for each violation or a criminal penalty of up to $50,000 and five years in prison for each violation. But of the 208 cases in which fines were assessed, only nine (4.3 percent) were $10,000 or more; 94 (45 percent) were $1,000 or less — the two Lee County cases are still under investigation. After over 500 mangrove trees were illegally slashed in Wilbur-By-The-Sea in the beginning of January, the Florida Department of Environmental Protection is issuing fines to the final two out of three responsible parties. • Mortality: Red, black and white mangroves died • Violation: No permit • Mitigation: Planting mangroves on site and off site • Fine: $10,000, Case 10983: DEP vs. Anthony Squadrito • Location: Florida Inland Navigation District property behind the Squadrito Property at 330 River Edge Road, Jupiter • Case opened: June 14, 2001 • Penalty assessed: July 22, 2002 • Impact: About 15,000 square feet of 16- to 20-foot red, black and white mangroves were cut to ground level • Mortality: All mangroves were killed • Violation: No permit • Mitigation: Property owner had to plant 317 red, white and black mangroves • Fine: $11,500, Case 972000: DEP vs. Yacht Club at Highland Beach Partnership • Location: 3600 South Ocean Blvd., Highland Beach • Case opened: Nov. 13, 1997 • Penalty assessed: Feb. 4, 1998 • Impact: 100 mangroves, mostly white mangroves, cut in an area 500 to 1,500 square feet; some were cut to just below 6 feet, others to ground level • Mortality: Mortality was not identified on report, but because most of the trees where white mangroves, high mortality is unlikely. Most of the islands that you would see throughout the state are created, ultimately, by mangroves or at least enlarged by mangroves. Rach offered other reasons why a mangrove case can take a long time to resolve. If restoration or mitigation are not practical, the violator can donate money to be used for the restoration of mangrove wetlands within a project approved by DEP or a local government. "The Association's consent order includes penalties and the requirement of a full restoration plan.". In addition, roots provide homes and attachment surfaces for animals, and act as nurseries for fish, shellfish and crustaceans. So, why not just charge the violator with a criminal offense and take him to court? • Mortality: 2,848 trees of all three species • Violation: The violators had a general permit, but under state law, mangroves may not be cut shorter than 6 feet and may not be removed, defoliated or destroyed. CEBU, Philippines - The Department of Environment and Natural Resources ordered to stop a road network project in Liloan town citing contractor’s violation of the law that bans cutting of mangroves. The mangrove ecosystem 3 i s a highly complex natural system involving nonliving (abiotic) and living (biotic) components. Posted: Thursday, June 21, 2018. Most mangroves cannot be cut lower than six feet above the water. All rights reserved. "Is the violator cooperative? 208: Number of fines assessed in the 304 documented cases of illegal mangrove cutting from Jan. 1, 1997, to April 4. Two Russell Island residents who were caught illegally cutting up and burning protected marine plants have been fined $2,668. Mangroves are protected by the State of Florida's "Mangrove Trimming and Preservation Act" and the State of Florida enforces the statutes protecting Mangroves. Somebody working on a case will leave, and when we hire somebody, that person has to get up to speed. That said, sometimes people report their neighbors because they have a vendetta against them or because they don't know the difference between mangroves and Brazilian pepper.". From there, the DEP and the violator negotiate until they reach an agreement — the DEP also can go after the professional tree trimmer who did the work. Article IndexFines Do Little to Stop Cutting of MangrovesPart 2 - Restoring MangrovesPart 3 - Criminal and Civil CasesAll Pages. In that case, OR Golf Partners of Ocean Reef on Key Largo clear-cut 3.04 acres of red, black and white mangroves, including 2.27 acres in John Pennekamp State Park. Two Russell Island residents who were caught illegally cutting up and burning protected marine plants have been fined $2,668. As of Tuesday morning, both Zarcone and the improvement association did not respond to News-Journal inquiries for comment. According to the consent order, $5,000 of the fine against SB Tree Service is for violating Florida Statute 403.121, which states the state can recover damages for "for any injury to the air, waters, or property, including animal, plant, and aquatic life, of the state caused by any violation.". "In the criminal world, we have to deal with things like the element of intent," Moncrief said. Mangroves are found along coastal areas and can be found on many plots of waterfront property. Florida DEP fines company for illegally cutting 500 mangroves in Wilbur-by-the-Sea . Cite. Subsequent violations: Up to $100 for each mangrove … Then we set up a meeting to discuss what occurred and why. DEP doesn't handle it. "This is a huge state, and we have very few people in the field," DEP spokesman Eli Fleishauer said. In the meantime, we've logged new cases. From the Official Gazette of the Philippine Government House/Senate Bills: HB 5948/SB 651 - National Coastal Greenbelt Bill HB 5672 - Integrated Coastal Management Act HB 2969 - Coastal Climate Change Adaptation Program of 2016 HB 201 - Coastal Areas Rehabilitation and Improvement Act of 2016 HB 4206 - National Mangrove Forest Protection and Preservation Act… It was a way to discourage the benefit of the violation, hoping others don't do the same thing.". Their importance "cannot be overemphasized," because of their ability to cycle and trap different organisms, nutrients and chemicals through their expansive root system. The fines are so minimal that they really don't send a message. The fines include civil penalties as well as costs and expenses incurred during the DEP’s investigation of the matter. The question is whether the state is doing as much as it should to enforce the Mangrove Trimming and Preservation Act of 1996. ", Case 10769: DEP vs. Del and Margaret Wilson • Location: 756 N. Manasota Key Road, Englewood • Case opened: May 7, 2001 • Penalty assessed: June 17, 2001 • Impact: 540 square feet of 10-foot red mangroves cut to 6 to 7 feet • Mortality: None • Violation: Did not have permit to do the work • Mitigation: None • Fine: $100, Case 10537: DEP vs. Edward G. and Elsa B. Martinez • Location: 775 N. Manasota Key Road, Englewood • Case opened: March 30, 2001 • Penalty assessed: Aug. 10, 2001 • Impact: 1,065 square feet of 10-foot red mangroves trimmed to 6 to 8 feet • Mortality: Five red mangroves • Violation: No permit • Mitigation: Plant three 3-gallon mangroves • Fine: $1,000, Case 20495: DEP vs. St. Lucie County Fire District • Location: St. Lucie County Fire District #8, 7583 S. Ocean Drive, Jensen Beach • Case opened: April 12, 2002 • Penalty assessed: Jan. 27, 2003 • Impact: Between 3,000 and 4,999-square feet (about 58 mangroves); 16-foot mangroves were cut to ground level (removed).

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