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May 13, 2004
Governor
Jeb Bush Gives Strong Support for Marine Conservation by Signing Illegal
Netting Penalties Legislation
Standing left to right: Marc Dunbar and Ted Forsgren with CCA Florida;
Rodney Barreto, FWC Chairman; Lt. Col. Mike Wiwi, FWC;
and Jackie Fauls, director of the FWC’s Legislative Affairs office.
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Today, in a signing
ceremony at the Florida Capitol, Governor Jeb Bush signed HB 1313 which
increases the penalty for flagrant illegal netting violations from a second-degree
misdemeanor to a third-degree felony.
?This is a major victory in the battle against blatant, illegal gillnetting,? said Michael Kennedy, CCA Florida Chairman. "CCA Florida is fully committed to getting major poachers off the water."
"Controlling illegal netting is an agency priority," said Florida Fish and Wildlife Conservation Commission Chairman Rodney Barreto. ?These increased penalties will be an essential element of our enforcement efforts.? The FWC Commission unanimously endorsed and supported the legislation.
HB 1313 was sponsored by Representative Andy Gardiner (R-Orlando). Senate
sponsors were Senator Mike Haridopolos (R - Indialantic) and Senator Ken
Pruitt (R - Port St. Lucie).
The new law creates a "flagrant violation" which is defined as a net with a mesh area larger than 2,000 sq. ft. or the use of a monofilament gill net. These flagrant violations become third-degree felonies for the first and subsequent offenses. In addition, there is a mandatory $5,000 civil penalty for the first ?flagrant violation? and a suspension of all saltwater licenses for 12 months. For a second or subsequent violation, there is a mandatory $5,000 civil penalty and a lifetime revocation of all saltwater licenses as well as the forfeiture of all gear and equipment used in the violation.
The law will become effective July 1, 2004.
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April 23, 2004
Huge Victory for Marine Fisheries Conservation - Increased Penalties for Flagrant Illegal Netting Gains Final Legislative Approval
The Florida House of Representatives and Florida Senate passed HB 1313 sponsored by Representative Andy Gardiner (R-Orlando). The legislation’s Senate sponsors are Senator Mike Haridopolos (R - Indialantic) and Senator Ken Pruitt (R - Port St. Lucie). HB 1313 increases the penalty for flagrant illegal netting violations from a second degree misdemeanor to a third degree felony.
"This legislation is crucial to the preservation of our natural resources and I am proud to sponsor it," said Representative Gardiner.
"We need to reward those who abide by the law and punish those who flagrantly violate it," said Senator Haridopolos.
"This is a tremendous victory in the battle against blatant, illegal gillnetting," said Michael Kennedy, CCA Florida Chairman.
In February, the Florida Fish and Wildlife Conservation Commission (FWC) took a major step toward controlling net poachers by unanimously endorsing legislation to increase penalties for flagrant illegal netting. "Controlling illegal netting is an agency priority," said FWC Commission Chairman Rodney Barreto. "These increased penalties will be an essential element of our enforcement efforts."
HB 1313 creates a "flagrant violation" which is defined as a net with a mesh area larger than 2,000 sq. ft. or the use of a monofilament gillnet. These flagrant violations would become third degree felonies for the first and subsequent offenses. In addition, there would be a mandatory $5,000 civil penalty for the first "flagrant violation" and a suspension of all saltwater licenses for 12 months. For a second or subsequent violation, there would be a mandatory $5,000 civil penalty and a lifetime revocation of all saltwater licenses as well as the forfeiture of all gear and equipment used in the violation.
The increase to a third degree felony for flagrant netting violations is in line with other poaching penalties that already are a third degree felony on the first offense; including robbing or "molesting" commercial crab and lobster traps, possession of more than 11 marine turtle eggs, selling deer taken illegally, and poaching alligators.
In 1994, Florida voters overwhelmingly approved (72% Yes) a constitutional amendment which banned the use of all gill and entanglement nets in state waters. Although the constitutional ban on gillnets has been in effect for almost nine years, CCA Florida Executive Director Ted Forsgren stated that blatant, illegal netting is still occurring in many areas of the state. Just three months ago, FWC officers caught outlaw netters with more than 5,000 lbs. of mullet in the Charlotte Harbor area, the largest inshore netting violation since the enactment of the gillnet ban. Arrests involving hundreds of yards of gillnet and thousands of pounds of fish are common.
"Large scale illegal netting is undermining the recovery of many fisheries," said Forsgren. "Pompano is a high value target that is being hammered by gillnets. Current misdemeanor penalties are just a cost of business to the poachers. These new penalties will be a significant deterrent."
"We are sending a message with this legislation that you can not just ignore the law. This bill is about keeping law and order, protecting and regarding those fishermen who make their livings as law-abiding citizens, and accomplishing the will of the voters," concluded Senator Pruitt.
"All of Florida’s fishermen need to recognize and appreciate the tremendous commitment and leadership of Representative Gardiner and Senators Haridopolos and Pruitt," said Forsgren. "Passage of this legislation is a major conservation victory."
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March 26, 2004
Illegal Netting Penalties Legislation Passes Final Committees and Moves to Floor Vote in the House
Today, the legislation to increase the penalty for flagrant illegal netting (HB 1313) moved through the House Appropriations Committee and is now set for a final passage vote on the House floor.
"This historical legislation will strengthen penalties for illegal netting and ensure future generations the benefit of Florida’s natural resources," said Representative Andy Gardiner, sponsor of HB 1313.
On March 25, HB 1313 was passed unanimously by the House Public Safety and Crime Prevention Committee.
CCA Florida Executive Director Ted Forsgren stated that although the constitutional ban on gill nets has been in effect for almost nine years, blatant, illegal netting is still occurring in many areas of the state. Just two months ago, FWC officers caught outlaw netters with more than 5,000 lbs. of mullet in the Charlotte Harbor area, the largest inshore netting violation since the enactment of the gillnet ban. Arrests involving hundreds of yards of gill net and thousands of pounds of fish are common.
HB 1313 creates a "flagrant violation" which is defined as a net with a mesh area larger than 2000 sq. ft. or the use of a monofilament gill net. These flagrant violations would become third degree felonies for the first and subsequent offenses. In addition, there would be a mandatory civil penalty for the first ?flagrant violation? of $5000 and a suspension of all saltwater licenses for 12 months. For second or subsequent violations, there would be a mandatory $5000 civil penalty and a lifetime revocation of the saltwater products license as well as the forfeiture of all gear and equipment used in the violation.
"This legislation would not have come this far without the hard work and tremendous commitment of Representative Gardiner," said Forsgren. "Major poaching operations and flagrant violators are the specific target of this bill. Passage of this bill is a huge and important step toward getting these poachers off the water."
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March 17, 2004
Net Penalty Legislation Passes Unanimously in Senate Criminal Justice Committee
Today, SB 2334 by Senator Mike Haridopolos was passed unanimously by the Senate Criminal Justice Committee. The bill was amended to remove the issues related to non-flagrant violations just as was done last week with HB 1313 in the House Natural Resources Committee.
Special thanks go to Senator Haridopolos for his sponsorship and action on this issue. During committee discussion, Senator Rod Smith and Senator Nancy Argenziano made comments in support of the bill. Senators Crist, Dawson, Fasano, Hill, Lynn, and Villalobos also voted for the bill.
The bill focuses directly on the flagrant violators. SB 2334 creates a “flagrant violation” which is defined as a net with a mesh area larger than 2000 sq. ft. or the use of a monofilament gill net. These flagrant violations would become third degree felonies for the first and subsequent offenses. In addition, there would be a mandatory civil penalty for the first “flagrant violation” of $5000 and a suspension of all saltwater licenses for 12 months. For second or subsequent violations, there would be a mandatory $5000 civil penalty and a lifetime revocation saltwater products license as well as the forfeiture of all gear and equipment used in the violation.
SB 2334 has one more committee reference before it would be voted on by the entire Senate. HB 1313 (the House companion bill) has two more committee references before it can be voted on by the entire House.
Thank you to all of you who called and e-mailed your legislators to support the bill! Your action helps!
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March 11, 2004
Legislation to Increase Penalty for Flagrant Illegal Netting Gets Strong Start
Today, the House Natural Resources Committee unanimously approved HB 1313 by Representative Andy Gardiner (R-Orlando) which would increase the penalty for flagrant illegal netting violations from a second degree misdemeanor to a third degree felony.
"Flagrant and large scale netting is undermining the tremendous recovery of fisheries which came as a result of the gillnet ban," said Representative Gardiner. "The current penalties are simply not a deterrent to the poachers. Today’s Committee vote is a strong step in the right direction."
CCA Florida Executive Director Ted Forsgren stated that although the constitutional ban on gill nets has been in effect for almost nine years, blatant, illegal netting is still occurring in many areas of the state. Just two months ago, FWC officers caught outlaw netters with more than 5,000 lbs. of mullet in the Charlotte Harbor area, the largest inshore netting violation since the enactment of the gillnet ban. Arrests involving hundreds of yards of gill net and thousands of pounds of fish are common.
HB 1313 creates a "flagrant violation" which is defined as a net with a mesh area larger than 2000 sq. ft. or the use of a monofilament gill net. These flagrant violations would become third degree felonies for the first and subsequent offenses. In addition, there would be a mandatory civil penalty for the first "flagrant violation" of $5000 and a suspension of all saltwater licenses for 12 months. For second or subsequent violations, there would be a mandatory $5000 civil penalty and a lifetime revocation saltwater products license as well as the forfeiture of all gear and equipment used in the violation.
The House Committee approved an amendment which deleted a proposed increase in penalties for non-flagrant violations. The amendment eliminated concerns from a number of committee members and allowed the overwhelming positive vote to substantially increase the penalty on the major, flagrant violators.
"We really appreciate Representative Gardiner’s commitment and leadership on this important issue and we strongly support the bill approved by the committee," said CCA’s Forsgren. "Our efforts have consistently focused on major poaching operations and flagrant violators. This legislation will be a significant deterrent and a major part of enforcement efforts to get these poachers off the water."
HB 1313 has two more committee references before reaching a vote on the House floor. The Senate companion bill SB 2334 sponsored by Senator
Mike Haridopolos has not yet been heard in a committee.
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March 2, 2004
Seawatch Article: 2004 Legislature to Consider Stronger Netting Penalties
In a significant step toward controlling illegal netting, the Florida Fish and Wildlife Conservation Commission (FWC) has voted to seek legislation to increase penalties for flagrant netting violations.
"The Commission’s decision is a very strong and positive step," said Michael Kennedy, CCA Florida Chairman. "We have been urging them to take action because the current penalties are obviously not a significant deterrent to poachers."
The motion to approve the action was made by Commissioner Dick Corbett and seconded by Commissioner Sandy Kaupe. Commission Chairman Rodney Barreto and Commissioner David Meehan provided strong support and comments for the motion which was approved unanimously in February.
The FWC action means legislation will be filed for the upcoming 2004 Legislative session to increase the penalty for a ?flagrant netting violation? from a second degree misdemeanor to a third degree felony.
The Commission’s legislative recommendation for a first offense flagrant netting violation is:
"A first violation involving the use of a monofilament gill net or a net with a mesh area larger than 2000 square feet is a felony of the third degree and such person shall be assessed a civil penalty of $5000 and suspension of all saltwater privileges for 12 months. A second felony violation shall result in a civil penalty of $5000 and lifetime revocation of the saltwater products license and the forfeiture of all gear and equipment used in the violation."
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