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 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 position for a first offense flagrant netting violation would be that:

“A first violation involving the use of a monofilament gillnet
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.”

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.

“We will be very actively supporting the Commission’s legislative initiative,” said Ted Forsgren, CCA Florida Executive Director. “Illegal netting is undermining fisheries recovery plans. Pompano, in particular, are being hit hard by poachers.”

Although the constitutional ban on gillnets has been in effect for almost nine years, Forsgren stated that 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.

CCA Florida noted that 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.