penalty for cutting mangroves

The fines are so minimal that they really don't send a message. 208: Number of fines assessed in the 304 documented cases of illegal mangrove cutting from Jan. 1, 1997, to April 4. The penalty for unauthorized trimming or alteration of mangroves is the cost of restoration. • Impact: 47,480 square feet of red, black and white mangroves up to 25 feet tall cut; 6,778 square feet were cut to the ground; the rest were cut to 6 feet. "Mangroves are a dwindling resource. The state, however, defends the penalties it hands out, noting punishments often go well beyond fines. Also, bring 700 square foot restoration area under conservation easement. "This was an example of trimming for a view," Rach said. By Rachel Brown Hackney. This creates a relatively calm water environmen… It goes to the state attorney's office. • Violation: The violators had a general permit that allowed trimming (not removal) of mangroves only on property owned by OR Golf Partners, but the cutting went beyond the permit. The fines include civil penalties as well as costs and expenses incurred during the DEP’s investigation of the matter. "If they can restore it with a small amount of money, that's fine. In all, the state handed out $517,525.80 in fines, for an average fine of $2,488.10. DEP fines other responsible parties for illegal mangrove cutting in Wilbur-By-The-Sea . » Trimming mangroves over "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. "Obviously, we need tougher laws. • Fine: Case still open. Mangrove violation cases are often reported to a local DEP office by the violator's neighbors. Penalties for illegal mangrove-cutting are: First violation: Property owners "may be required to restore the area." REGISTRATION #: CH11670. © Gannett Co., Inc. 2020. Bill DiPaolo Wednesday Oct 17, 2012 at 12:01 AM Oct 17, 2012 at 8:45 PM. In recent times, mangrove communities have come under increasing threat from development pressures. For subsequent violations, property owners and the person performing illegal trimming can be fined: Up to $100 for each mangrove illegally trimmed; Up to $250 for each mangrove illegally altered; Additional Resources: "In the criminal world, we have to deal with things like the element of intent," Moncrief said. • 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. If you have a mangrove over 24 feet. 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.". As of Tuesday morning, both Zarcone and the improvement association did not respond to News-Journal inquiries for comment. Most mangroves cannot be cut lower than six feet above the water. Perhaps one of the most commonly identified services provided by mangrove communities is the provision of a nursery habitat for juvenile fish. When we pursue a criminal action, the. Making a civil mangrove-violation case can be a slow process. The penalty for unauthorized destruction of mangroves is the cost of restoration. ", 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). • Mitigation: Case still open. Every day during which a violation occurs is considered a separate offense. All rights reserved. "That's not the case in the civil world. If we feel a homeowner didn't know better, maybe there will be a low penalty.". 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. The question is whether the state is doing as much as it should to enforce the Mangrove Trimming and Preservation Act of 1996. If you have cut mangroves without any permit whatsoever, the state will institute an enforcement action against you. Daytona Beach News-Journal Online ~ 901 6th Street, Daytona Beach, FL 32117 ~ Do Not Sell My Personal Information ~ Cookie Policy ~ Do Not Sell My Personal Information ~ Privacy Policy ~ Terms Of Service ~ Your California Privacy Rights / Privacy Policy. Penalties. "Also, there's staffing, turnover. The bench, comprising Justice AS Oka and RI Chagla, also prohibited any sort of commercial exploitation of the mangroves. We do what we can.". "We take illegal mangrove cutting very seriously," said Tim Rach, an environmental administrator in the state's Office of Submerged Lands and Environmental Resource Permitting. The state, however, defends the penalties it hands out, noting punishments often go well beyond fines. Trimming Mangroves: To trim mangroves in Pinellas County, you must either qualify for one of the exemptions in the code or obtain a permit. A lot of this is ignorance. • Fine: $50,000. Florida Laws on Cutting Down Trees By DavidC ... Three such such species are the three native species of Mangroves in Florida. Mangroves grow land and they protect our shoreline from event like hurricanes and high tides and storm events., 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, REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE." "A fine isn't as important as efforts to restore the mangrove community," Tattar said. The penalty for removing or improperly pruning a mangrove is up to 5,000 dollars per plant. In addition, roots provide homes and attachment surfaces for animals, and act as nurseries for fish, shellfish and crustaceans. 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 of three responsible parties. Some of the more direct threats to mangrove communities have emerged from development proposals requiring reclamation of mangrove land, for example airport runway construction, port expansions and road development. The Bombay High Court, in an 83-page judgment, on Tuesday banned destruction and cutting of mangroves in Maharashtra. Abigail Brashear @abigailruthnews Tuesday Mar 31 ... Zarcone will pay a total of $5,559 in penalties… DEP fine amounts are determined by the Environmental Litigation and Reform Act, Gardener said. We also discuss possible penalties and the type of restoration that needs to be done.". There are about 469,000 acres of mangrove trees in Florida, according to the DEP’s website. Florida Laws on Cutting Down Trees By DavidC ... Three such such species are the three native species of Mangroves in Florida. "We need to re-evaluate the whole process," he said. 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.". "We take illegal mangrove cutting very seriously," said Tim Rach, an environmental administrator in the state's Office of Submerged Lands and Environmental Resource Permitting. The mangrove ecosystem 3 i s a highly complex natural system involving nonliving (abiotic) and living (biotic) components. Original content available for non-commercial use under a Creative Commons license, except where noted. 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. Cite. Fines/Penalties for Illegally Cutting Mangroves. At the end of February, the DEP issued a consent order to fine SB Tree Service $6,000. Letters dated Feb. 29 warning of the possible violations were sent to Parsons and Hames. Digital access or digital and print delivery. "In general, if we think we can't really prove willful intent, or the state attorney's office isn't interested in pursuing an environmental crime, we take it. Your California Privacy Rights / Privacy Policy. 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. An inspection report dated Feb. 15 states that Parsons hired the Bradenton contractor to cut mangroves across the street from his 28th Street property on land owned by Cedar Hames of Tierra Verde. Mangroves are found along coastal areas and can be found on many plots of waterfront property. DEP fines other responsible parties for illegal mangrove cutting in Wilbur-By-The-Sea . 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, Posted: Thursday, June 21, 2018. Mangroves, which are protected by the state, are known to foster important habitats for fish and birds and are considered to be of great ecological importance, which is why they’re monitored closely by the DEP. A 15-year-old boy was taken in custody on Friday by the Mumbai Mangrove Conservation Unit (MMCU), which functions under the state mangrove cell, for cutting a mangrove tree in Mahim earlier this week. "Maybe they cut off a couple of extra branches when they were installing a dock. » If trimming trees over 16 feet tall, trim in stages with no more than 25 percent removed annually. Cases done quickly have cooperative violators. Dr. Alice Lustica of DENR said mangroves are very important for it is a spawning ground of fishes and a shelter belt of coastal communities during typhoon. During that period, one case of illegal mangrove trimming was brought in Lee County; a second was brought after April. Abigail Brashear @abigailruthnews Tuesday Mar 31 ... Zarcone will pay a total of $5,559 in penalties… The specific guidelines and rules are too numerous to list here, but a qualified and permitted tree service professional will know and follow the regulations. Other kinds of mangrove penalties are restoration (planting mangroves at the site where they were destroyed) and mitigation (planting mangroves at a suitable location off site). "This is a huge state, and we have very few people in the field," DEP spokesman Eli Fleishauer said. It was a way to discourage the benefit of the violation, hoping others don't do the same thing.". Publications: Homeowner Guidelines for Trimming Mangroves; Professional Mangrove Trimmers Registered in Pinellas County Listing Although Tattar believes fines in mangrove cases are often too low, he said extra penalties, such as those in the cases of Squadrito and OR Golf Partners are appropriate and send the right message. Mangroves are protected by the State of Florida's "Mangrove Trimming and Preservation Act" and the State of Florida enforces the statutes protecting Mangroves. Before the violation, most of the trees were 26 to 28 feet tall, with some taller than 50 feet and the tallest estimated at 64 feet. 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. DEP doesn't handle it. If the environment is damaged, that environment should be restored as much as possible.". Part of it, Moncrief said, is that, to make a criminal case, the state must prove the defendant willfully committed the violation. 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 , So, why not just charge the violator with a criminal offense and take him to court? "He would benefit from the view until the mangroves grew, so he had to plant upland vegetation to block the view he so desperately wanted until the mangroves had a chance to recover. » Mangroves over 10 feet tall require a professional mangrove trimmer.

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