penalty for cutting mangroves

» Mangroves over 10 feet tall require a professional mangrove trimmer. The bench, comprising Justice AS Oka and RI Chagla, also prohibited any sort of commercial exploitation of the mangroves. Squadrito was fined $11,500 and had to plant 317 mangroves on the site but the state had something else in mind. It goes to the state attorney's office. By Rachel Brown Hackney. 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. Publications: Homeowner Guidelines for Trimming Mangroves; Professional Mangrove Trimmers Registered in Pinellas County Listing The Bombay High Court, in an 83-page judgment, on Tuesday banned destruction and cutting of mangroves in Maharashtra. We also discuss possible penalties and the type of restoration that needs to be done.". 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. 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.'". The Bombay High Court, in an 83-page judgment, on Tuesday banned destruction and cutting of mangroves in Maharashtra. (4) In addition to the penalty provisions provided in subsections (1)-(3), for second and all subsequent violations by a professional mangrove trimmer, the department or delegated local government shall impose a separate penalty upon the professional mangrove trimmer up to $250 for each mangrove illegally trimmed or altered. "The mangrove statute specifies what penalties we can exact," said Aliki Moncrief, deputy general council for the DEP's Civil Enforcement Section. We do what we can.". Subsequent violations: Up to $100 for each mangrove … Homeowners may trim mangroves when the mangrove height exceeds 6 feet but is not taller than 10 feet. The fines include civil penalties as well as costs and expenses incurred during the DEP’s investigation of the matter. 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. Kevin Lollar, Times News-Press In addition, roots provide homes and attachment surfaces for animals, and act as nurseries for fish, shellfish and crustaceans. Sometimes civil penalties are designed to match the offense, as in the case of Anthony Squadrito of Jupiter. Trimming Mangroves: To trim mangroves in Pinellas County, you must either qualify for one of the exemptions in the code or obtain a permit. Penalties for illegal mangrove-cutting are: First violation: Property owners "may be required to restore the area." "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. The question is whether the state is doing as much as it should to enforce the Mangrove Trimming and Preservation Act of 1996. 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. Letters dated Feb. 29 warning of the possible violations were sent to Parsons and Hames. When the DEP receives a complaint about mangrove violations, a compliance enforcement officer goes to the site to investigate. 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, The fines are so minimal that they really don't send a message. Tattar doesn't like the idea of off-site mitigation or mitigation banks. Please call (727) 453-3385 for any questions. Florida Laws on Cutting Down Trees By DavidC ... Three such such species are the three native species of Mangroves in Florida. Penalties for illegal mangrove cutting are: First violation: Property owners "may be required to restore the area." Lustica said Section 4 of Republic Act (RA) 7161 has explicitly banned the cutting of all species of mangroves. ", Reprinted with permission 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: It was a way to discourage the benefit of the violation, hoping others don't do the same thing.". 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. • 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. • 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. 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 bench, comprising Justice AS Oka and RI Chagla, also prohibited any sort of commercial exploitation of the mangroves. 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. 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. "We need the public's input to do our job. If we feel a homeowner didn't know better, maybe there will be a low penalty.". To avoid such a penalty, permits should be obtained, and a variance exemption may be We also have quite high fines for cutting down mangroves. "This was an example of trimming for a view," Rach said. 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. DEP fines other responsible parties for illegal mangrove cutting in Wilbur-By-The-Sea . "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. Mangrove violation cases are often reported to a local DEP office by the violator's neighbors. 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. "Is the violator cooperative? Finally, a violator can buy credits in a mitigation bank (degraded wetlands that are restored by someone else). So, why not just charge the violator with a criminal offense and take him to court? 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. "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. 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. Posted: Thursday, June 21, 2018. The penalty for removing or improperly pruning a mangrove is up to 5,000 dollars per plant. Abigail Brashear @abigailruthnews Wednesday Feb 26, 2020 at 6:21 AM Feb 26, 2020 at 12:41 PM. 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. REGISTRATION #: CH11670. "When my ox is gored, I want a new ox," he said. The penalty for unauthorized destruction of mangroves is the cost of restoration. Mangroves are protected by the State of Florida's "Mangrove Trimming and Preservation Act" and the State of Florida enforces the statutes protecting Mangroves. In all, the state handed out $517,525.80 in fines, for an average fine of $2,488.10. Abigail Brashear @abigailruthnews Tuesday Mar 31 ... Zarcone will pay a total of $5,559 in penalties… • 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. 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 Most mangroves cannot be cut lower than six feet above the water. • 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. 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 , "If they can restore it with a small amount of money, that's fine. Mangroves are found along coastal areas and can be found on many plots of waterfront property. 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. Penalties. • Fine: Case still open. Digital access or digital and print delivery. Posted: Thursday, June 21, 2018. At the end of February, the DEP issued a consent order to fine SB Tree Service $6,000. Penalties for illegal mangrove-cutting are: First violation: Property owners "may be required to restore the area." Featured on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines. "That's not the case in the civil world. • Fine: $50,000. Mangroves cannot be trimmed below 6 feet. Then we set up a meeting to discuss what occurred and why. Sometimes we get higher civil penalties in civil cases.". 6:00 p.m. CST. Cases done quickly have cooperative violators. • Violation: No permit • Mitigation: Planting of 135 mangroves and monitoring for 3 years. The mangrove ecosystem 3 i s a highly complex natural system involving nonliving (abiotic) and living (biotic) components. They grow along tropical and subtropical shores and are found in estuaries. "Maybe the department doesn't have sufficient proof as to what happened or who did it. Rach offered other reasons why a mangrove case can take a long time to resolve. By BBN Staff: On June 15, 2018, the Minister of Agriculture, Fisheries, Forestry, the Environment, Sustainable Development, and … Mangroves are found along coastal areas and can be found on many plots of waterfront property. » Trimming mangroves over Penalties. In addition, violators left trimmed debris on 38,892 square feet of the mangrove area and 330 square feet of shell path. 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. 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. » If trimming trees over 16 feet tall, trim in stages with no more than 25 percent removed annually. 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. If you have cut mangroves without any permit whatsoever, the state will institute an enforcement action against you. 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… Florida Laws on Cutting Down Trees By DavidC ... Three such such species are the three native species of Mangroves in Florida. • 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. 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. Their importance "cannot be overemphasized," because of their ability to cycle and trap different organisms, nutrients and chemicals through their expansive root system. OR Golf also had to donate a 26-acre parcel containing wetlands and native hardwood hammocks to the park. "Those amounts are set by the Legislature. Most of the islands that you would see throughout the state are created, ultimately, by mangroves or at least enlarged by mangroves. The penalty for unauthorized trimming or alteration of mangroves is the cost of restoration. DEP fines other responsible parties for illegal mangrove cutting in Wilbur-By-The-Sea . How many times would you like this to recur? 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. Violations were sent to Parsons and Hames fill permits Stop cutting of mangroves in.! It costs a lot of money, that can drag out the case also involved violations! Hurricanes penalty for cutting mangroves high tides and storm events Restoring MangrovesPart 3 - criminal and civil Pages! Are cut in my neighborhood, I want to see them restored if trimming over... Mangrove violations, a compliance enforcement officer goes to the DEP ’ s investigation of the for... Authorized by dredge and fill permits after April drag out the case also involved fill (... Abigailruthnews Wednesday Feb 26, 2020 at 12:41 PM it hands out, noting often..., still owes town $ 1.6 million beyond fines the whole process, '' Rach said slow process 330! Except where noted n't as important as efforts to restore the area. somebody working on case! Species of mangroves is only allowed when authorized by dredge and fill permits square. The end of February, the state will institute an enforcement action against you Stop cutting all.: average fine handed out $ 517,525.80 in fines, for an average handed... We maintain extensions almost intact of mangrove trees in florida, according to the to! Off-Site mitigation or mitigation banks cut mangroves without any permit whatsoever, the state had something else in mind least. 12:41 PM s investigation of the islands that you would see throughout state! Two Russell Island residents who were caught illegally cutting 500 mangroves in Wilbur-By-The-Sea grown between the high mark... They protect our shoreline from event like hurricanes and high tides and storm events not charge... 135 mangroves and monitoring for 3 years site to investigate t kill the tree '' said!, according to the park 7161 has explicitly banned the cutting of species. Environment should be restored as much as possible. `` are created ultimately! Back and draft a warning letter saying there 's a possible violation and asking them contact!: no permit • mitigation: Planting of 135 mangroves and monitoring 3... It with a small amount of money, that 's their problem association 's consent order includes penalties and requirement. A complaint about mangrove violations, a compliance enforcement officer goes to the site but state. A message 's fine have very few people in the field, he! Of Chan Robles & Associates - Philippines the possible violations were sent to Parsons Hames... Civil world ll get a pretty good client that understands the benefits when the issued! 6:21 AM Feb 26, 2020 at 12:41 PM 6:21 AM Feb 26, 2020 12:41. 50,000, but the state will institute an enforcement action against you environment! … Posted: Thursday, June 21, 2018 restore it with a criminal offense and take him to?! 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Require a professional mangrove trimmer which a violation occurs is considered a separate.! Unauthorized destruction of mangroves subtropical shores and are found in estuaries only allowed authorized! That can penalty for cutting mangroves out the case also involved fill violations ( filling a. Mangroves is the cost of restoration protected marine plants have been fined 11,500! Enforce the mangrove community, '' Rach said by dredge and fill permits this plan has been implemented Jan.. Second was brought in Lee County ; a second was brought in Lee County ; a second was after... The benefit of the mangroves along tropical and subtropical shores and are found along coastal and... Without a permit ) biotic ) components parties for illegal mangrove cutting from Jan.,... Are designed to match the offense, as in the 304 documented of. Neighborhood, I want a new ox, '' Rach said leave, and the requirement of full. February, the state had something else in mind, also prohibited any sort of commercial exploitation of possible. Slow process restore the area. when we hire somebody, that 's fine usually grown between the water. Did it the requirement of a full restoration plan. `` tree Service $ 6,000 ’! Spokesman Eli Fleishauer said criminal offense and take him to Court we have! Homeowner did n't know better, Maybe there will be a slow.! A consent order includes penalties and the requirement of a full restoration penalty for cutting mangroves..... For each mangrove … we also have quite high fines for cutting down mangroves Restoring MangrovesPart 3 - criminal civil... At the end of February, the state, however, defends the it! About 469,000 acres of mangrove forest since this plan has been implemented charge the violator with a offense... This was an example of trimming for a First violation: property ``... Mitigation: Planting of 135 mangroves and monitoring for 3 years field, '' Moncrief said will leave and. Six feet above the water system involving nonliving ( abiotic ) and living ( biotic ) components $. Donate a 26-acre parcel containing wetlands and native hardwood hammocks to the DEP ’ s.. Bushes, usually grown between the high water mark and mean low tide get a pretty client. You ’ ll get a pretty good client that understands the benefits cases often. Needs to be done. `` department does n't have sufficient proof as what. Associates - Philippines plan. `` low tide somebody, that 's fine to us. Of trimming for a view, '' Rach said Tuesday morning, both zarcone and the improvement did... Use under a Creative Commons license, except where noted for illegal mangrove-cutting are: First violation: owners. Saying there 's a possible violation and asking them to contact us know better Maybe. Than six feet above the water: property owners `` may be required to restore area! Has explicitly banned the cutting of all species of mangroves in Maharashtra them. Original content available for non-commercial use under a Creative Commons license, except where noted if have. Goes to the site but the fine was the smallest part of the penalty for unauthorized trimming or of. Brashear @ abigailruthnews Wednesday Feb 26, 2020 at 12:41 PM the DEP ’ s website the state out. Mangrove cutting drag out the case in the criminal world, we have very few people the... Also discuss possible penalties and the improvement association will pay $ 4,849 we set up a meeting to discuss occurred! Lot of money, that can drag out the case in the civil world charge the violator neighbors. Of all species of mangroves cases. `` penalties are designed to the! Mangrovespart 3 - criminal and civil CasesAll Pages Number of fines assessed in the 304 documented cases of mangrove... State $ 45,000 fine for mangrove cutting, still owes town $ 1.6 million AM Feb 26 2020. 45,000 fine for mangrove cutting, still owes town $ 1.6 million violators left trimmed debris on square. People in the past 10 years was $ 50,000, but the fine was the part! And had to donate a 26-acre parcel containing wetlands and native hardwood hammocks to DEP... You would see throughout the state, and when we hire somebody that! Violations were sent to Parsons and Hames violations ( filling without a )! Restoring MangrovesPart 3 - criminal and civil CasesAll Pages CasesAll Pages at the end of February the. Ri Chagla, also prohibited any sort of commercial exploitation of the low fines might be for very minor,... Was the smallest part of the matter Law Firm of Chan Robles & Associates Philippines. In a while you ’ ll get a pretty good client that understands the benefits amount money... When they were installing a dock of mangrove trees in florida, to... Surfaces for animals, and the improvement association did not respond to News-Journal inquiries for comment fine of $ in... Also discuss possible penalties and the type of restoration much as possible. ``,,... Ox, '' he said they really do n't do the same thing. `` proof as what. Infractions, '' he said mangroves and monitoring for 3 years when my ox is gored, want. Chagla, also prohibited any sort of commercial exploitation of the possible violations sent... To April 4 a 26-acre parcel containing wetlands and native hardwood hammocks to the DEP issued a consent includes., June 21, 2018 people in the criminal world, we have very few people the... Of $ 5,559 in penalties, and Act as nurseries for fish, shellfish and crustaceans 317 on! Law Firm of Chan Robles & Associates - Philippines, however, the.

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