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I wish the boaters would be as well organized as these manatee huggers before we loose the right to boat, period! It won't be long until we have idle zones off shore and these “manatee police” will be going U/C as fisherman in the area. Slowly but surely, were loosing it all.
There is the letter of the law, and the spirit of the law. Obviously this judge is going by the letter of the law. Unbelievable!!
MERRITT ISLAND -- Rick Rescott was skimming the Banana River at full throttle when he spotted the blue light and heard the siren howling from the boat behind him.
Like dozens of boaters each year, Rescott was being stopped for speeding through a federal manatee-protection zone.
But unlike most, Rescott was a towboat operator responding to a call of a sinking vessel.
Now the Merritt Island man, who refused to pay a $100 fineand opted to fight his case in court, faces a possible $25,000 fine and six months in federal prison.
His sentencing today afterhis conviction two weeks agocaps what Rescott calls a "ludicrous" chain of events that prompted him to leave his job.
It also underscores the battle between some boaters, who condemn Rescott's conviction, and some manatee advocates, who cheer it.
"I think Rick's getting a bad deal," said Tom McGill, a Merritt Island charter-boat captain who unsuccessfully sued the state over manatee-protectionregulations. "This is a guy who was just trying to help people."
Save the Manatee Club spokeswoman Nancy Sadusky disagreed.
"The speed zones are there for a reason," she said. "We do agree with the judge's decision."
Rescott said during a preliminary hearing in August that he and several others cited for violating manatee-protection regulations were told by federal prosecutors they could either pay the $100 fine or face the possibility of a much stiffer penalty.
"This is how the government intimidates people into paying the fine and not wasting the court's time," Rescott said. "But, I don't think I did anything wrong."
Federal prosecutors, who acknowledged that most folks pay the $100, would not discuss specifics of Rescott's case before today's sentencing in federal court in Orlando.
"All I can say is that our goal is to get people to slow down for manatees," said Steve Cole, spokesman for the U.S. Attorney's Office. "People need to understand there are consequences, and he had his day in court."
On April 20, 2002, Rescott, aformer firefighter and paramedic, was operating a SeaTow salvage and towing vessel in the Merritt Island Barge Canal when he received a call from his boss about "a sinker in the river."
Rescott, who insists he didn't know whether anyone was aboard the disabled boat, said he was stopped in the river by three federal wildlife officers in an unmarked vessel.
Rescott said he showed the officers a copy of a variance thatSeaTow had obtained from the state Fish and Wildlife Conservation Commission, exempting its employees from manatee speed zones.
After a contentious 30-minute encounter, Rescott was allowed to continue to the disabled vessel in the area of Newfound Harbor, where he found his boss and John Overchuck, owner of the disabled boat.
Overchuck had called SeaTow after discovering that his 20-foot, $25,000 Talon had slid partially off the boat lift at his dock.
While they waited for Rescott, the boat sank to the bottom.
Two months later, Rescott received a notice of violation in the mail and left SeaTow after his boss said he should pay the $100, he said. On April 21, Rescott was convicted of engaging in an unlawful waterborne activity after a daylong trial before U.S. Magistrate David A. Baker.
In his ruling, Baker said SeaTow's variance allowed its operators to exceed posted speed limits only in the Barge Canal and Sykes Creek to reach disabled vessels in an emergency.
Federal law allows exemptions in all areas if it's "reasonably necessary to prevent the loss of life or property." But the magistrate ruled that the situation was not an emergency.
Baker said that although it was necessary to tow the sinking boat to a repair shop, it did not justify speeding through a manatee zone.
He said Rescott knew no one was aboard the Talon, was uncooperative with officers and lingered in the area to chat with another boater after he was stopped.
The owner of the sinking boat said this week that he had considered the circumstances urgent and was astounded by the judge's ruling.
"That's incredible that he got convicted," said Overchuck, an Orlando lawyer who testified at Rescott's trial. "I like manatees, but there are zealots taking this way too far."
You just wait, this whole thing is going to get bigtime worse!
It's like the fish can feel pain post or the plant one. Or the other one I've read or heard about (forget source) that some anti-this or that group, is working on or has succeeded with NO worms, minnows, frogs, leaches, crickets or any other live bait can be put on a hook - cruelty to animals.
I don't know about this world we live in today. I'm just glad I'm as old as I am, so I will not have to see a modern day Rome fall.
Too many "do gooders" out there!! Just another way for our "government" to make money! I don't know about where you guys live, but here, in most areas, the police make a commission from every ticket/traffic violation they write!
The funny thing about this story is obviously the Marine Patrol that stopped this guy went "speeding" through the same Manatee zone to catch him!
I think you guys are missing the point of manatee laws. They don't have much to do with manatees at all. Why do you think they're so "well organized"--it's because they're so well funded, and why?
...because the laws are actually there to protect the sea walls of expensive waterfront property and to reduce noise in the vicinity of the high-dollar properties.
Remember In the old days before all the mangroves were torn out there were no cement sea walls.
Check the annual mortality counts. There are years where canal gates kill more manatees than boats and many where other factors, including cold kill more. They are a very tropical species that would not survive north of south Florida if it weren't for the string of power plant cooling outflows on up the peninsula
There shouldn't be any manatee laws that far north since manatees are not indigeonous to that area any more than they are to the Chesapeake Bay.
Maybe since Chessie is spotted every few years up there and the whole bay is an inland waterway, the whole bay should be a manatee zone.
Thats nothing compared to this, the huggers sued the Federal government in florida and won. They are trying to stop the building of sea walls/docks in an area like from Tampa to Marco Island right now. My parents bought 3 lots in Cape Coral on the water and are scrambling to get sea walls/docks built because since the huggers won the law suite it is getting to be a big deal to get a permit to build sea walls/docks. All kinds of meetings and stuff going on about it all the time now.
I hope everybody that thinks government mandated boaters liscenses are a good idea read this story...
Like I've said before, when was the last time you thought to yourself " Gee, our government sure does a great job of judiciously spending our tax dollars that they collected from me in such a fair manner.
I take my boat out of black point (south florida) and see manatees almost every time I go out. I have lived here my entire life and see more now than ever. Biscayne Bay is cleaner, there are snook and tarpon in Miami. There are redfish off Flamingo. Some of the shallow reefs remind me of the Bahamas. This is the same south florida that is home to some 4-5 million people.
I got to believe this has something to do with increase public awareness and conservation efforts. Yes, in part that includes conservation laws (no wake zones, fish seasons, size limits, etc.)
That being said, if the SeaTow captain was responding to a true call for help than of course I think he should not be fined. But was he? Oh yeah, that's what the paper said. Must be true.
I think the whole manatee thing is blown way out of proportion. How many prop-benders are really killed by moving vessels a year? Is it really that high that the whole boating community should suffer due to manatees? Another thing, why in Ft. Lauderdale and Pompano are the manatee zones only applicable to weekends and holidays Nov. 15-Mar. 31 (and in some instances year round for weekends and holidays 7am-7pm) 7am-7 pm? Do manatees only come out on weekends and holidays from 7am-7pm? It's ridiculous how far the water-speed bump police have gone with this issue.
Since you asked, 95 manatees were killed in Florida in 2002 due to injuries from boats. The number has been going up each year. Slowing down in manatee zones is an inconvenience at most. For you to say the whole boating community "suffers" because of conservation efforts is a little overstated IMHO.
It's more than an inconvenience. Try going from Ft. Laud to Pompano on a weekend during manatee season. 12 miles at about 7 mph calculates to almost 2 hours. When it's rough outside (like it usually is in the fall and winter, during manateee season), sometimes this is your only option and it really sucks.
OK Biminiman, any suggestions?
Or is complaining that it "sucks" all you have to say. Maybe this world is just might not be big enough for us and them. Survival of the fittest, right?
I suppose from your name you frequent Bimini. Maybe you do some fishing. I do, too. Its great but you and I will never experience the type of fishing that was there a generation or two ago. Without some attempts at conservation, whether it be protecting manatees or whatever, you'll only have stories to give your grandkids.
Minddealing, the manatee population numbers about 3000. About 100 die annually because of us.
I doubt I'll convince anyone the manatee is worth slowing down for, so I'm moving on to the next topic. May I suggest a boat name for anyone out there?
The vast majority of destruction to the ocean and bays has come from:
1>Commercial fishing, especially longlining and netting--that's why there are no marlin, big tuna and sharks in the ocean anymore
2>Everglades fertilizer outflow--killed the hatcheries, caused algae blooms which clouded the water and killed the reefs
3>Construction of seawalls and man made islands--destroyed the seagrass beds and hatcheries; restricted natural tidal flow.
Regarding manatees, in the old days they used to trap them in the Keys canals and eat them. They're nice creatures that I would like to see stick around, however, you have to admit that the number and size of the manatee zones is dictated less by manatee habitat than it is be human habitat (multi-million $ homes, at that).
Manatee Zones Sux. Did you read this? 
