Florida beachgoer who took queen conch shells sentenced to 15 days in jail

DeepseekerADS

Gold Member
Mar 3, 2013
14,880
21,725
SW, VA - Bull Mountain
Detector(s) used
CTX, Excal II, EQ800, Fisher 1260X, Tesoro Royal Sabre, Tejon, Garrett ADSIII, Carrot, Stealth 920iX, Keene A52
Primary Interest:
Other
Florida beachgoer who took queen conch shells sentenced to 15 days in jail: report | Fox News

By Zoe Szathmary | Fox News

1532028650376.jpg

A 30-year-old woman from Dallas, Texas, is facing more than two weeks of jail time next month after removing protected conchs from the water last summer, the Florida Keys Keynoter reports.

A Florida Fish and Wildlife Conservation Commission (FWC) officer nabbed Diana Fiscal-Gonzalez at a Key West home in July 2017 after someone reportedly witnessed the woman cleaning off the mollusks.

The officer said he found the conchs in plastic bins and transported them back into the ocean, with the majority of them alive, according to the newspaper.

Fiscal-Gonzalez allegedly intended for the 40 seashells to be gifts.

On Friday, she pleaded no contest and told a judge she wasn’t aware it was against the law to take them, the report said.

She was sentenced to jail for 15 days and given 6 months probation in addition to paying $268 in court costs and a $500 fine, according to the newspaper.

The Florida FWC says people can legally collect seashells, but the shells can't contain a living organism.

"It is not unlawful to possess queen conch shells in Florida as long as the shells do not contain any living queen conch at the time of collection, and so long as a living queen conch is not killed, mutilated, or removed from its shell prior to collection," the agency explains on its website.
 

Upvote 0

redcobra8u

Bronze Member
Jan 24, 2014
1,221
1,336
Los Angeles
🥇 Banner finds
1
Detector(s) used
Minelab Excal II, Garrett AT Pro, CTX3030
Primary Interest:
Metal Detecting
You get what you deserve.
 

vpnavy

Super Moderator
Staff member
Jun 15, 2008
35,161
18,660
York County, PA (USA)
Primary Interest:
All Treasure Hunting
metal_detector.gif
Dang - I wouldn't have known they were "queen conch shells" or king, son, daughter or whatever shell! I sure hope they just let her pay the fine as a "lesson learned" and not serve time. I know - I know - "ignorance of the law is no excuse" - but geeeze - how many here can actual id a shell let alone know if it is protected? Yea, I guess I am the only one who didn't know...
 

lookindown

Gold Member
Mar 11, 2010
7,089
4,936
Florida
🏆 Honorable Mentions:
1
Detector(s) used
ACE 250,AT PRO, CZ21...RTG pro scoop...Stealth 720
Primary Interest:
All Treasure Hunting
Jail time...really...have illegal drugs, break in some ones house, get probation...collect a shell and get jail time...our country is becoming a joke.
 

Kray Gelder

Gold Member
Feb 24, 2017
7,013
12,578
Georgetown, SC
Detector(s) used
Fisher F75
Primary Interest:
Metal Detecting
I saw that story also. It doesn't say what method she used to collect them. Diving? Wading the shallows? Regardless, that's pretty extreme, unless she obviously was set up to harvest commercial quantities, then she was lying, and the judge knew it. Her punishment was appropriate. If she was just a tourist, and was able to collect that many live conchs, then there is obviously a healthy population of them, and they don't need protection. In that case, the punishment is too severe.
 

RTR

Gold Member
Nov 21, 2017
8,180
32,469
Smith Mt. Lake Va.
Detector(s) used
Teknetics Liberator
Falcon MD-20
***********
Blue Bowl
Angus MacKirk sluice
Miller Table
Primary Interest:
All Treasure Hunting
Regulation Nation :(
 

ecmjamsit

Hero Member
Dec 2, 2007
873
1,060
Colorado
Detector(s) used
Whites Goldmaster GMT, GMII,Whites Sierra Super Trac, Ace250, Teknetics Gamma 6000, Whites Pinpointer,Garrett Pro Pointer II
Primary Interest:
Metal Detecting
I would have been happier if she picked up 40 big bags of trash off the beach and paid a large fine. I have spent some time there in the Keys and the trash I saw was atrocious. I can imagine what it is now with the last hurricane.
 

Davers

Gold Member
Jan 8, 2013
8,127
7,147
N.of , I-285...GA
Detector(s) used
Whites Spc xlt & Tesoro Tejon- Now back ...Fisher 1266-X. TRX Pointer. New .Teknetics G2 + . New AT Pro .
Primary Interest:
All Treasure Hunting
40 Shells ? with live Animals in them ?

Why would she keep them alive?

IMO Much more than "Gifts" were involved.

I used to have such shells in many places around the house , Now I put them outside or in the Attic .

I bought a few Empty ones from the Guy's meeting our Tour Ship in 1992 when we docked in the Bahamas .

I gotta get back to FL , + my Mom's buried there.

Well now we know 'No live Creatures in the shell's you/ I find'.
 

Kray Gelder

Gold Member
Feb 24, 2017
7,013
12,578
Georgetown, SC
Detector(s) used
Fisher F75
Primary Interest:
Metal Detecting
What does conch meat go for these days? $10, $20 per pound? She may have intended to sell them, illegally.
 

mham2

Full Member
Jan 12, 2009
163
137
massillon,ohio/bradenton florida
Detector(s) used
minelab/excalibur 11, minelab ctx 3030
Primary Interest:
Beach & Shallow Water Hunting
My wife hunts for shells when I’m metal detecting, we have taken live shells , no problem .as long as u have a Florida salt water fishing license although they are restricted in some areas . The laws are easy to find on line.Kind of like collecting live fish. If u want dead fish go at red tide [emoji3]
 

Oddjob

Silver Member
Aug 23, 2012
4,348
9,067
Detector(s) used
RD1000, GSSI Profiler EMP-400. GPZ 14 & 19
Primary Interest:
Other
Jesus Christ; I get it, really do, work in Law enforcement internationally and have been all over. Sure of course you should verse your self in laws according to your hobby, but a shell law, who knew. My two younger ones like shells, they pick up hundreds. So what do they do if a 3 year old decides to pick one up and wants to keep it.

I mean heck if a north Texas yankee can find them then a toddler would have no trouble finding them.
 

bravobob

Sr. Member
Feb 16, 2017
329
2,167
Santa Barbara,Ca
Detector(s) used
Bounty Hunter Prospector
Fisher CZ6A
Primary Interest:
Metal Detecting
Growing up next to the Ocean here in So.Cal , We were taught in Grammar school to only take empty shells as souvenirs , gifts or for making crafts. To respect sea life. And. If your going to eat them , get a fishing license and know what/where/when you can take.
 

dewcon4414

Bronze Member
Mar 22, 2006
2,138
1,237
Gulf Coast, Fl
🏆 Honorable Mentions:
4
Detector(s) used
MDT, Nox, Blue Xcals and CTX
Primary Interest:
All Treasure Hunting
Id say there is more to this story if the Lawyer could tell it. Collection method ... storage.... type..... number..... and she knew what she was looking for. She may well have done it before and was being watched by the FWC.
 

diggummup

Gold Member
Jul 15, 2004
17,815
10,120
Somewhere in the woods
Detector(s) used
Whites M6
Primary Interest:
All Treasure Hunting
Listen, she knew exactly what she was doing. I have lived here for 30+ years and you don't just see queen conch shells laying on the beach. She had to have removed from from either diving or snorkeling. It is a well known and publicized fact, especially in the "conch Republic" which is Key West, that harvesting live conch is illegal. Play stupid all you want Diana Fiscal-Gonzalez, if your that ignorant you need to be locked up. If stupidity were illegal. the streets would be clean.

There are signs posted on beaches throughout Florida regarding this.

471aee3457f0cb8fb1f7045c4303a500.jpg


I have a couple conch shells sitting on the back porch. They are huge compared to what she harvested. If she wanted conch shells for gifts, those little ones don't cost much at the local gift shop. Besides that 40 of them? Sounds like it was gonna be fiesta time in a Dallas barrio to me when she returned. If you can afford a trip to Key West, you should be able to afford a few shells from the local gift shop. I have no pity on her or any other "tourist" that comes here breaking the law.

martino_with_conch.jpg
 

Blak bart

Gold Member
Jun 6, 2016
18,637
98,164
FL keys
🥇 Banner finds
5
🏆 Honorable Mentions:
1
Detector(s) used
Mine lab primary fisher secondary
Primary Interest:
All Treasure Hunting
I actively dive and sell shells here in the keys. You are allowed to collect 15 shells a day on your recreational fishing license. You may not possess a live queen conch as they are protected. You may collect the shell as long as the animal/conch is not in the shell. If you pick up a shell that has the telltale hole in it from removing the animal, then you could be charged with killing the animal and illegally harvesting the conch. I and another t-netter were stopped with about 20 shells this week, we had no problems and were allowed to keep all our shells including about 5 queen chonchs that were collected after the animal died. We also collected 4 horse conch wich were taken live, and a couple helmet chonchs and lots of sea biscuit shells I also got a rare cone shell. Ill post a pic of a horse conch I got thats 20 pounds. A real giant !! Im cleaning it now. Its good money with gem quality helmet chonchs bringing in 120$ each if there perfect. Ill get 60$ for the large horse conch and 20-40 for the smaller ones depending on condition. Its great side money and a lot of fun dragging behind the boat searching for them. Just hang on to the rope and let the boat pull you around until you see one. On a side note we saw many large mature and beautiful queen chonchs. So the conservation is working !!
 

Blak bart

Gold Member
Jun 6, 2016
18,637
98,164
FL keys
🥇 Banner finds
5
🏆 Honorable Mentions:
1
Detector(s) used
Mine lab primary fisher secondary
Primary Interest:
All Treasure Hunting
She was not collecting them for the shell she was getting the meat wich is expensive. If she were collecting the shell she would not de knocking holes in them to get the chonch out. That hole destroys the shell somewhat. The meat is prized and a delicacy !! Sometimes they have pearls that are really rare and exspensive. I have eight chonch pearls that I have found over the years while free diving chonch in the bahamas where it is legal to harvest them
 

Blak bart

Gold Member
Jun 6, 2016
18,637
98,164
FL keys
🥇 Banner finds
5
🏆 Honorable Mentions:
1
Detector(s) used
Mine lab primary fisher secondary
Primary Interest:
All Treasure Hunting
photo-1003.JPG photo-1002.JPG
Big horse conch !! If you put them in an ice brine overnight the will often slide right out of the shell, but not always !! If they dont you must hang them and the shell will drop off. The animal is good eating if removed in the brine, but if you hang them they are good for bait only. All those shells you see in the shops are free dove up, cleaned, and sold to the shell shops by a guy like me. Its treasure hunting but for natural treasures.
 

Top Member Reactions

Users who are viewing this thread

Top