Appendix D 



FLORIDA STATE LAWS AND EXISTING STATE AND FEDERAL MARINE RESERVES, 

 PARKS AND SANCTUARIES 



A. Florida State Laws 



Florida State laws which regulates human activities similar to 

 activities found in Looe Key Waters. Legal Authority: Chapter 370, 

 Florida State Code Enforcement Authority: DNR Division of Law Enforcement 

 (Table Dl) Chapter 370. Saltwater Fisheries and Conservation. 370,114 

 Taking of marine corals and sea fans regulated; penalties. 



1. It is unlawful for any person, as defined in s. 1.01: 



a. To take, attempt to take, or otherwise destroy, or to 

 sell or attempt to sell, any sea fan of the species 

 Gorgonia flabellum or of the species Gorgonia ventalina 

 or any hard or stony coral ( Scleractinia ) or any fire 

 coral ( Millepora ); or 



b. To possess any fresh, uncleaned, or uncured sea fan of 

 the species Gorgonia flabellum or of the species 

 Gorgonia ventalina or any fresh, uncleaned, or uncured 

 hard or stony coral (Scleractinia) or any fresh, uncleaned, 

 or uncured fire coral ( Millepora ). 



unless it can be probed by certified invoice that the sea fan or 

 coral was imported from a foreign country or unless it can be proven 

 that the sea fan or coral was lawfully taken before July 1, 1976. 



2. This section shall not apply to any sea fan or coral taken for 

 scientific or educational purposes when the taking is approved 

 and permitted by the department. 



3. It is unlawful to take coral from, or possess it in the John 

 Pennekamp Coral Reef State Park. The provisions of s. 592.17 

 shall be in addition to the provisions of this subsection. 



4. A person who violates any provision of this section is guilty 

 of a misdemeanor of the second degree, punishable as provided 

 in s. 775.082 or s. 775.083. 



The U. S. Coast Guard and the Florida Marine Patrol have verbal agree- 

 ments to notify one another of possible State/Federal violations of the 

 taking of coral in iState/Federal waters. 



The State law, outside of the John Pennekamp Park, is considered by 

 some law enforcement personnel and administrators as largely unenforce- 

 able because "fresh, uncleaned, or uncured sea fan, hard or stony coral 



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