Press Release
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For Immediate Release: Contact: Ted Forsgren
March 11, 2004 (850) 224-3474
Cell phone: (407) 702-3567
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 gillnets 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 gillnet 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.

[CCA Florida 2004 Legislative Updates]
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