To avoid such a penalty, permits should be obtained, and a variance exemption may be 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 "If mangroves are cut in my neighborhood, I want to see them restored. The Holly Hill company’s workers chainsawed the 8-foot-tall mangroves to a height of only 3.5 feet to improve a homeowner’s view in Wilbur-by-the-Sea, but didn’t have required permits or training. Digital access or digital and print delivery. Choose the plan that’s right for you. Most of the islands that you would see throughout the state are created, ultimately, by mangroves or at least enlarged by mangroves. The shallow water environment of the mangrove estuary area and the mangrove roots themselves protect these juvenile fish from predators like larger fish and birds1. 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. Somebody working on a case will leave, and when we hire somebody, that person has to get up to speed. Two Russell Island residents who were caught illegally cutting up and burning protected marine plants have been fined $2,668. 6:00 p.m. CST. Before cutting, the trees were 26 to 28 feet tall, with some taller than 50 feet, and the largest estimated at 64 feet. » If trimming trees over 16 feet tall, trim in stages with no more than 25 percent removed annually. Mangroves are found along coastal areas and can be found on many plots of waterfront property. "He had a very deep wetland parcel to the water, and suddenly there was this football-field-size view to the water where everybody else had a forest. From Jan. 1, 1997, to April 4, the Department of Environmental Protection documented 304 cases of illegal mangrove cutting; fines have been assessed in 208 of those cases. 3571[AN ACT TO PROHIBIT THE CUTTING, DESTROYING OR INJURING OF PLANTED OR GROWING TREES, FLOWERING PLANTS AND SHRUBS OR PLANTS OF SCENIC VALUE ALONG PUBLIC ROADS, IN PLAZAS, PARKS, SCHOOL PREMISES OR IN ANY OTHER PUBLIC GROUND]. • Fine: Case still open. 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. Mangroves are found along coastal areas and can be found on many plots of waterfront property. Also, bring 700 square foot restoration area under conservation easement. Mangrove expert Terry Tattar, professor emeritus of microbiology at the University of Massachusetts, said fines for illegal mangrove cutting are too low to be a deterrent. Danny Lippi: Every once in a while you’ll get a pretty good client that understands the benefits. In the short term, there is considerable potential for these projects to result … So, why not just charge the violator with a criminal offense and take him to court? "This was an example of trimming for a view," Rach said. Coastal residents and landholders must apply for prior approval to undertake certain activities, such as building a jetty, that require them to cut, trim or remove mangroves or other marine plants. Abigail Brashear @abigailruthnews Wednesday Feb 26, 2020 at 6:21 AM Feb 26, 2020 at 12:41 PM. Rach offered other reasons why a mangrove case can take a long time to resolve. How many times would you like this to recur? In 2002, Squadrito illegally cut to ground level about 15,000 square feet of 16- to 20-foot red, black and white mangroves on Florida Inland Navigation District property behind his home. Penalties for illegal mangrove-cutting are: First violation: Property owners "may be required to restore the area." • Mortality: All mangroves died. Homeowners may trim mangroves when the mangrove height exceeds 6 feet but is not taller than 10 feet. We do what we can.". • Fine: $50,000. Mangrove violation cases are often reported to a local DEP office by the violator's neighbors. Posted: Thursday, June 21, 2018. We also have quite high fines for cutting down mangroves. By BBN Staff: On June 15, 2018, the Minister of Agriculture, Fisheries, Forestry, the Environment, Sustainable Development, and … "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. The state, however, defends the penalties it hands out, noting punishments often go well beyond fines. Case 71151: DEP vs. Daniel S. Loren and Gulf to Bay Tree & Landscape Service Inc. • Location: 3381 Diamond Key Court, Punta Gorda • Case opened: June 22, 2007 • Penalty assessed: Case still open. 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.". In addition, violators left trimmed debris on 38,892 square feet of the mangrove area and 330 square feet of shell path. The cutting or removing of mangroves is only allowed when authorized by dredge and fill permits. We also discuss possible penalties and the type of restoration that needs to be done.". If you have cut mangroves without any permit whatsoever, the state will institute an enforcement action against you. Cite. Mangroves cannot be trimmed below 6 feet. DEP fines other responsible parties for illegal mangrove cutting in Wilbur-By-The-Sea . Original content available for non-commercial use under a Creative Commons license, except where noted. In addition to paying the fine, OR Golf had to donate 26 acres of wetlands and native hardwood hammocks to Pennekamp and $250,000 to the Florida Keys Environmental Trust Fund for restoration of mangrove wetlands at a site managed by the park. "If they can restore it with a small amount of money, that's fine. 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. 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.". 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. There are about 469,000 acres of mangrove trees in Florida, according to the DEP’s website. "The Department has worked diligently to ensure that the responsible parties were held accountable and that the area impacted will be fully restored," Gardener said. 208: Number of fines assessed in the 304 documented cases of illegal mangrove cutting from Jan. 1, 1997, to April 4. If we feel a homeowner didn't know better, maybe there will be a low penalty.". Lustica said Section 4 of Republic Act (RA) 7161 has explicitly banned the cutting of all species of mangroves. ", Reprinted with permission DEP fine amounts are determined by the Environmental Litigation and Reform Act, Gardener said. "A fine isn't as important as efforts to restore the mangrove community," Tattar said. 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. "Mangroves are a dwindling resource. By Rachel Brown Hackney. • 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. Subsequent violations: Up to $100 for each mangrove … 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. More than money. If you have cut mangroves without any permit whatsoever, the state will institute an enforcement action against you. Tattar doesn't like the idea of off-site mitigation or mitigation banks. Mangroves grow land and they protect our shoreline from event like hurricanes and high tides and storm events. » Trimming mangroves over 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. 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." Two Russell Island residents who were caught illegally cutting up and burning protected marine plants have been fined $2,668. It was a way to discourage the benefit of the violation, hoping others don't do the same thing.". The question is whether the state is doing as much as it should to enforce the Mangrove Trimming and Preservation Act of 1996. Subsequent violations: Up to $100 for each mangrove … "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. • 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. Letters dated Feb. 29 warning of the possible violations were sent to Parsons and Hames. Squadrito was fined $11,500 and had to plant 317 mangroves on the site but the state had something else in mind. Although many cases in the last decade have been resolved in a few weeks or months, others have taken as long as seven years. 1 Recommendation. Zarcone will pay a total of $5,559 in penalties, and the improvement association will pay $4,849. 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. In 2002, the Florida Department of Environmental Protection fined Anthony Squadrito $125,000 for cutting down mangroves to create a view from his Loxahatchee River property. Mangroves 2 a re trees or bushes, usually grown between the high water mark and mean low tide. In recent times, mangrove communities have come under increasing threat from development pressures. 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. 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. The penalty for unauthorized trimming or alteration of mangroves is the cost of restoration. Then we set up a meeting to discuss what occurred and why. Article IndexFines Do Little to Stop Cutting of MangrovesPart 2 - Restoring MangrovesPart 3 - Criminal and Civil CasesAll Pages. 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. Fines/Penalties for Illegally Cutting Mangroves. 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… Trimming Mangroves: To trim mangroves in Pinellas County, you must either qualify for one of the exemptions in the code or obtain a permit. 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. Kevin Lollar, Times News-Press In the meantime, we've logged new cases. Full text of Republic Act No. The bench, comprising Justice AS Oka and RI Chagla, also prohibited any sort of commercial exploitation of the mangroves. "Those amounts are set by the Legislature. The case also involved fill violations (filling without a permit). Publications: Homeowner Guidelines for Trimming Mangroves; Professional Mangrove Trimmers Registered in Pinellas County Listing It goes to the state attorney's office. "Maybe the department doesn't have sufficient proof as to what happened or who did it. Sometimes we get higher civil penalties in civil cases.". Penalties. © Gannett Co., Inc. 2020. Part of it, Moncrief said, is that, to make a criminal case, the state must prove the defendant willfully committed the violation. The fines include civil penalties as well as costs and expenses incurred during the DEP’s investigation of the matter. "The mangrove statute specifies what penalties we can exact," said Aliki Moncrief, deputy general council for the DEP's Civil Enforcement Section. "This is a huge state, and we have very few people in the field," DEP spokesman Eli Fleishauer said. 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. • 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. OR Golf also had to donate a 26-acre parcel containing wetlands and native hardwood hammocks to the park. They grow along tropical and subtropical shores and are found in estuaries. By Rachel Brown Hackney. Penalties for illegal mangrove-cutting are: First violation: Property owners "may be required to restore the area." REGISTRATION #: CH11670. 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. Their importance "cannot be overemphasized," because of their ability to cycle and trap different organisms, nutrients and chemicals through their expansive root system. Penalties. "Obviously, we need tougher laws. In all, the state handed out $517,525.80 in fines, for an average fine of $2,488.10. 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). The mangrove ecosystem 3 i s a highly complex natural system involving nonliving (abiotic) and living (biotic) components. In addition, roots provide homes and attachment surfaces for animals, and act as nurseries for fish, shellfish and crustaceans. "Also, there's staffing, turnover. Florida DEP fines company for illegally cutting 500 mangroves in Wilbur-by-the-Sea . By BBN Staff: On June 15, 2018, the Minister of Agriculture, Fisheries, Forestry, the Environment, Sustainable Development, and … Abigail Brashear @abigailruthnews Tuesday Mar 31 ... Zarcone will pay a total of $5,559 in penalties… "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. Every day during which a violation occurs is considered a separate offense. • Mitigation: Case still open. 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. 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. For a first violation, property owners may be required to restore the area. We at the department have to operate within the confines of the statutes.". When the DEP receives a complaint about mangrove violations, a compliance enforcement officer goes to the site to investigate. Letters dated Feb. 29 warning of the possible violations were sent to Parsons and Hames. Most mangroves cannot be cut lower than six feet above the water. Bill DiPaolo Wednesday Oct 17, 2012 at 12:01 AM Oct 17, 2012 at 8:45 PM. 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. The largest fine in the past 10 years was $50,000, but the fine was the smallest part of the penalty. Cases done quickly have cooperative violators. The bench, comprising Justice AS Oka and RI Chagla, also prohibited any sort of commercial exploitation of the mangroves. This creates a relatively calm water environmen… The Bombay High Court, in an 83-page judgment, on Tuesday banned destruction and cutting of mangroves in Maharashtra. Perhaps one of the most commonly identified services provided by mangrove communities is the provision of a nursery habitat for juvenile fish. 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, A lot of this is ignorance. 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. "When my ox is gored, I want a new ox," he said. "The Association's consent order includes penalties and the requirement of a full restoration plan.". The Bombay High Court, in an 83-page judgment, on Tuesday banned destruction and cutting of mangroves in Maharashtra. "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. 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, Florida Laws on Cutting Down Trees By DavidC ... Three such such species are the three native species of Mangroves in Florida. Please call (727) 453-3385 for any questions. • 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, 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. During that period, one case of illegal mangrove trimming was brought in Lee County; a second was brought after April. • Violation: No permit • Mitigation: Planting of 135 mangroves and monitoring for 3 years. Mangroves are protected by the State of Florida's "Mangrove Trimming and Preservation Act" and the State of Florida enforces the statutes protecting Mangroves. Making a civil mangrove-violation case can be a slow process. The cutting or removing of mangroves is only allowed when authorized by dredge and fill permits. "Some of the low fines might be for very minor infractions," Rach said. The penalty for removing or improperly pruning a mangrove is up to 5,000 dollars per plant. The penalty for unauthorized destruction of mangroves is the cost of restoration. At the end of February, the DEP issued a consent order to fine SB Tree Service $6,000. Jupiter couple pays state $45,000 fine for mangrove cutting, still owes town $1.6 million . Abigail Brashear @abigailruthnews Tuesday Mar 31 ... Zarcone will pay a total of $5,559 in penalties… 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. 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. » Mangroves over 10 feet tall require a professional mangrove trimmer. • Fine: $23,500, Case 21033: DEP vs. OR Golf Partners • Location: Three lots on Coral Lane and five lots on Cinnamon Bark Lane, Ocean Reef Club, Key Largo • Case opened: July 17, 2002 • Penalty assessed: April 4, 2003 • Impact: 3.04 acres (132,422.4 square feet) of red, black and white mangroves were clear cut, including 2.27 acres (98,881 square feet) in John Pennekamp State Park. All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. If the environment is damaged, that environment should be restored as much as possible.". "That's not the case in the civil world. When we pursue a criminal action, the. "Maybe they cut off a couple of extra branches when they were installing a dock. $2,488.10: Average fine handed out by the state for illegal mangrove cutting. DEP doesn't handle it. The fines are so minimal that they really don't send a message. 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. Florida Laws on Cutting Down Trees By DavidC ... Three such such species are the three native species of Mangroves in Florida. Finally, a violator can buy credits in a mitigation bank (degraded wetlands that are restored by someone else). If it costs a lot of money, that's their problem. The worst case for the offender is, 'OK, you get caught, and you get a fine and find out it's not much more than a New York City parking ticket.'". Your California Privacy Rights / Privacy Policy. DEP fines other responsible parties for illegal mangrove cutting in Wilbur-By-The-Sea . As of Tuesday morning, both Zarcone and the improvement association did not respond to News-Journal inquiries for comment. 6:00 p.m. CST. 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.

penalty for cutting mangroves

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