"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 cannot be trimmed below 6 feet. "When my ox is gored, I want a new ox," he said. "Is the violator cooperative? 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 When the DEP receives a complaint about mangrove violations, a compliance enforcement officer goes to the site to investigate. "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. In the short term, there is considerable potential for these projects to result … Mangroves 2 a re trees or bushes, usually grown between the high water mark and mean low tide. At the end of February, the DEP issued a consent order to fine SB Tree Service $6,000. • 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. • 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. When we pursue a criminal action, the. "We need the public's input to do our job. "Then we go back and draft a warning letter saying there's a possible violation and asking them to contact us. Florida DEP fines company for illegally cutting 500 mangroves in Wilbur-by-the-Sea . 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.'". We also have quite high fines for cutting down mangroves. "The mangrove statute specifies what penalties we can exact," said Aliki Moncrief, deputy general council for the DEP's Civil Enforcement Section. For a first violation, property owners may be required to restore the area. 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. "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. "The Association's consent order includes penalties and the requirement of a full restoration plan.". 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. Before cutting, the trees were 26 to 28 feet tall, with some taller than 50 feet, and the largest estimated at 64 feet. The cutting or removing of mangroves is only allowed when authorized by dredge and fill permits. The fines are so minimal that they really don't send a message. Mangroves are found along coastal areas and can be found on many plots of waterfront property. 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. Penalties for illegal mangrove cutting are: First violation: Property owners "may be required to restore the area." Finally, a violator can buy credits in a mitigation bank (degraded wetlands that are restored by someone else). Choose the plan that’s right for you. Subsequent violations: Up to $100 for each mangrove … "Those amounts are set by the Legislature. 208: Number of fines assessed in the 304 documented cases of illegal mangrove cutting from Jan. 1, 1997, to April 4. Lustica said Section 4 of Republic Act (RA) 7161 has explicitly banned the cutting of all species of mangroves. Abigail Brashear @abigailruthnews Tuesday Mar 31 ... Zarcone will pay a total of $5,559 in penalties… $2,488.10: Average fine handed out by the state for illegal mangrove cutting. Mangrove violation cases are often reported to a local DEP office by the violator's neighbors. Perhaps one of the most commonly identified services provided by mangrove communities is the provision of a nursery habitat for juvenile fish. The case also involved fill violations (filling without a permit). "This was an example of trimming for a view," Rach said. There are about 469,000 acres of mangrove trees in Florida, according to the DEP’s website. In recent times, mangrove communities have come under increasing threat from development pressures. The bench, comprising Justice AS Oka and RI Chagla, also prohibited any sort of commercial exploitation of the mangroves. The penalty for removing or improperly pruning a mangrove is up to 5,000 dollars per plant. Abigail Brashear @abigailruthnews Tuesday Mar 31 ... Zarcone will pay a total of $5,559 in penalties… 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. 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." 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.". 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 , Article IndexFines Do Little to Stop Cutting of MangrovesPart 2 - Restoring MangrovesPart 3 - Criminal and Civil CasesAll Pages. So, why not just charge the violator with a criminal offense and take him to court? Florida Laws on Cutting Down Trees By DavidC ... Three such such species are the three native species of Mangroves in Florida. 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.". 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]. • 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. "Maybe they cut off a couple of extra branches when they were installing a dock. The Bombay High Court, in an 83-page judgment, on Tuesday banned destruction and cutting of mangroves in Maharashtra. • Violation: No permit • Mitigation: Planting of 135 mangroves and monitoring for 3 years. It goes to the state attorney's office. Penalties for illegal mangrove-cutting are: First violation: Property owners "may be required to restore the area." 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. 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. Most of the islands that you would see throughout the state are created, ultimately, by mangroves or at least enlarged by mangroves. DEP fines other responsible parties for illegal mangrove cutting in Wilbur-By-The-Sea . Every day during which a violation occurs is considered a separate offense. Original content available for non-commercial use under a Creative Commons license, except where noted. 6:00 p.m. CST. We at the department have to operate within the confines of the statutes.". 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. All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. Sometimes civil penalties are designed to match the offense, as in the case of Anthony Squadrito of Jupiter. How many times would you like this to recur? We also discuss possible penalties and the type of restoration that needs to be done.". All rights reserved. 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. As of Tuesday morning, both Zarcone and the improvement association did not respond to News-Journal inquiries for comment. "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. 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. This creates a relatively calm water environmen… 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. By Rachel Brown Hackney. Mangroves are protected by the State of Florida's "Mangrove Trimming and Preservation Act" and the State of Florida enforces the statutes protecting Mangroves. 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. 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. 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.
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