As it stands, the penalties for damaging seagrass beds in Florida are insubstantial. The FWC proposed increasing them in 2007, and again in the 2008 legislative session, but the bill was vetoed. They’re trying again in 2009. Today I received an email with a PDF of FWC’s proposal.

Some of the relevant issues in the paper:

The reduction of seagrasses has detrimental impacts to important fisheries and aquatic ecological processes. Seagrass scarring is recognized as a problem in areas of high boating use around the State. There is no disincentive or penalty for boaters who operate their vessels in a careless manner that causes propeller scarring in seagrasses.

This is a problem, because seagrasses, like mangroves, are vital nurseries for fish and other marine life. They’re not the prettiest plants, and they’re often covered in slimy things. But that slime (detritus, plankton, etc.) is responsible for the immense productivity of the grassbeds.

Those damaging seagrasses in an aquatic preserve, due to the careless operation of a boat, could be charged with a non-criminal infraction. A non-criminal infraction results in a $50 fine. Repeat offenders within specified timeframes would be subject to higher fines as follows:

• $250 upon conviction for a second offense occurring within 12 months after a prior conviction.
• $500 upon conviction for a third offense occurring within 36 months after a prior conviction.
• $1000 upon conviction for a fourth or subsequent offense

The public would be notified by FWC education campaigns including, but not limited to, personal contact by law enforcement officers, press releases, and boater education courses.

Down to brass tacks: here’s the actual legal language:

Subsection (4) of section 253.04, Florida Statutes, is amended to read: 253.04 Duty of board to protect, etc., state lands; state may join in any action brought.- (4) Whenever any person or the agent of any person knowingly refuses to comply with or willfully violates any of the provisions of this chapter so that such person causes damage to the lands of the state or products thereof, including removal of those products, such violator is liable for such damage. Whenever two or more persons or their agents cause damage, and if such damage is indivisible, each violator is jointly and severally liable for such damage; however, if such damage is divisible and may be attributed to a particular violator or violators, each violator is liable only for that damage and subject to the fine attributable to his or her violation.
(a) The duty to conserve and improve state-owned lands and the products thereof shall include the preservation and regeneration of seagrass, which is deemed essential to the oceans, gulfs, estuaries, and shorelines of the state. Any person operating a vessel outside a lawfully marked channel in a careless manner that causes seagrass scarring within an aquatic preserve established in ss. 258.39-258.399 with the exception of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow Springs aquatic preserves, commits a civil infraction, punishable as provided in s. 327.73. Each violation is a separate offense. As used in this subsection, the term: 1. “Seagrass scarring” means destruction of seagrass roots,shoots or stems that results in tracks on the substrate, caused by the operation of a motorized vessel in waters supporting seagrasses, commonly referred to as prop-scars or propeller scars. 2. “Seagrasses” means Cuban shoal grass (Halodule wrightii), turtle grass (Thalassia testudinum), manatee grass(Syringodium filiforme), star grass (Halophila engelmannii),paddle grass (Halophila decipiens), Johnsons seagrass (Halophila johnsonii) or widgeon grass (Ruppia maritima). (b) Any violation of this subsection is a violation of the boating laws of this state and shall be charged on a uniform boating citation as provided in s. 327.74. Any person who refuses to post a bond or accept and sign a uniform boating citation commits a misdemeanor of the second degree, as provided in s. 327.73(3), punishable as provided in s. 775.082 or s. 775.083.

Paragraph (x) of subsection (1) of section 327.73, Florida Statutes, is created to read: 327.73 Noncriminal infractions.– (1) Violations of the following provisions of the vessel laws of this state are noncriminal infractions: (x) Section 253.04(4)(a), relating to carelessly causing seagrass scarring, for which the civil penalty is: 1. Fifty dollars upon conviction for a first offense. 2. Two hundred and fifty dollars upon conviction for a second offense occurring within 12 months after a prior conviction. 3. Five hundred dollars upon conviction for a third offense occurring within 36 months after a prior conviction. 4. One thousand dollars upon conviction for a fourth or subsequent offense. Any person cited for a violation of any such provision shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided in this section. Any person who fails to appear or otherwise properly respond to a uniform boating citation shall, in addition to the charge relating to the violation of the boating laws of this state, be charged with the offense of failing to respond to such citation and, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A written warning to this effect shall be provided at the time such uniform boating citation is issued.

For more information about seagrasses, visit the following websites:

• FIU‘s seagrass ecosystems research laboratory
• FWC’s learn about seagrasses page
• Florida Oceanographic Society’s Coastal Center page
• There are even some audio bits, courtesy of Floridaenvironment.com