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.”