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NOAA Raises Fine for Santa Cruz Tow Surfers

A uniformed officer served papers to surfer Jeff Martin, raising his fine from $500 to $2,500 for using a jet ski out of bounds.

 

The Santa Cruz tow surfers who were fined $500 in March for using a jet ski out of bounds at Moss Landing had their fine increased to $2,500 Wednesday.

The National Oceanic and Atmospheric Administration sent a uniformed officer to surfer Jeff Martin's Santa Cruz house to give him notice of the increased fine and tell him he had 30 days to fight it.

Martin and his surfing partner, Scott Jarrett, have gone public in local media to complain that the NOAA limits on jet skis were unscientific. They claim the area where the vehicles are permitted at Moss Landing leads right to where marine mammals go to escape big waves, not to the waves themselves.

NOAA put out a press release Wednesday about the raised fine, saying that it went to $2,500 because NOAA's attorney, Paul Ortiz, believed that Martin had "intentionally violated the regulation."

The release says:

"Both men were initially issued reduced fines of $500 each through NOAA's Summary Settlement program. Summary settlements are used by NOAA's Office of Law Enforcement to address less egregious violations and allow recipients to pay a lower penalty than is recommended by NOAA's penalty policy in lieu of contesting an alleged violation. 

"In both cases, the men chose to contest the charges, and the cases were referred to NOAA's Office of General Counsel for review and the assessment of penalties pursuant to the NOAA Penalty Policy."

The release also notes a $1,000 fine to jet ski rider Leo Morelli at Seascape Beach in October 2010.

"This penalty should send a strong message that we put a high priority on protecting the resources of the Monterey Bay National Marine Sanctuary," said Don Masters, special agent in charge of the southwest division of NOAA's Office of Law Enforcement, in the release.

"While we greatly prefer to use education and outreach to gain compliance, at times NOAA must issue penalty assessments in order to protect sanctuary resources."

The release claims that operating outside the proscribed zones could endanger wildlife. 

Jarrett argued that spending tax dollars on uniformed officers to deliver the notice and putting out a press release about it was akin to the FBI doing the same for a parking ticket. Jarrett contends that the agency has arbitrarily targeted jet skis with no documentation that they are more hazardous than other boats.

On a recent trip into the permissible area for personal water craft last week, Patch saw and photographed sea lions, otters and whales, and watched tour boats stalking and closely following the giant sea mammals.

The tow surfers say they use the personal water craft, because they are the only way to save a life out in the deep water and big waves.

Jarrett also compared NOAA's actions here to the arbitrary and unfair fines levied on East Coast fishermen, documented by reporters and federal investigators.

NOAA has been accused in this Dan Rather report of stockpiling a $100 million asset forfeiture fund and using the money for cash bonuses, personal cars and yachts. Records also showed the agency paid for a judge's trip to Malaysia, accompanied by the NOAA prosecutors who appeared before him in cases.

An investigation by the inspector general of the Department of Commerce found "law enforcement excesses, vindictive motives and questionable judgment that uncovered scandalous miscarriages of justice leading to cabinet-level apologies last May to 11 individuals and businesses, and reparations totaling more than $600,000," according to this Newsvine story.

CBS reported this story about NOAA fining a fisherman $19,000 for catching 20 codfish over his limit, three years after he caught them, and another fisherman who was fined $27,000 for bad paperwork.

"They just said if I tried to fight it and it goes in front of one of their judges, that most likely, the fine will be between $120,000 and $140,000," fisherman Richard Burgess said.

In a 2009 letter asking for further investigation on NOAA, North Carolina Congressman Walter B. Jones said the inspector general's report showed that the agency's "civil penalty assessment process is arbitrary and unfair" and its asset forfeiture fund hasn't been audited and "has weak controls." In 2010 he called the asset forfeiture fund controlled by NOAA a conflict of interest.

A second investigation by the inspector is being considered, according to this report in the Massachusetts Gloucestor Times:

"NOAA administrator Jane Lubchenco, who operates as an appellate judge in regulatory law cases, decided against punishing any of her subordinates, leading U.S. Sen. Scott Brown to wonder at a Senate subcommittee hearing in Boston this summer, 'What does it take to get fired at NOAA?'"

Brown also chastized the agency for not producing documents he requested:

“I must now consider the logical conclusion that your agency feels itself to be above congressional oversight," he wrote in a letter to the agency. "This behavior is disrespectful to the American people, Congress and the Massachusetts fishermen who have suffered because of NOAA’s mismanagement of the fisheries.”

Related Topics: NOAA, dan rather reports, moss landing, noaa enforcement, noaa fines, santa cruz, and tow surfers
What do you think of NOAA enforcement? What do you think of the lack of action against the agency after these investigations? Tell us in the comments.

Poot

8:48 am on Thursday, September 29, 2011

Could've saved $4000 by just paying the original fine instead of getting all arrogant and self-righteous about it.

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John Snider

12:21 pm on Thursday, September 29, 2011

arrogant and self-righteous? How about standing up for what is right and saving lives? It seems NOAA has no concern for the safety of the people who live here and pay taxes which go to NOAA to be abused.

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SA

7:34 pm on Thursday, September 29, 2011

Do you know if/when the law is going to be revised to allow jet skis in the bay if the operator gets a permit & pays a fee?

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Marguerite MacDonald

4:48 pm on Thursday, September 29, 2011

I have no idea who is in the right regarding the issue of whether jet skies cause distress to the marine life or not as I haven't researched it. That isn't the point of my concern. The fact that any agency has the power to quintuple a fine if the person they are citing contests it scares me. That is intimidation plain and simple to MY way of thinking.

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Brad Kava

5:22 pm on Thursday, September 29, 2011

I just ask that you all watch the Dan Rather video the story links and tell me whether this is the America you thought you were living in? One also wonders why the man in charge of the Department of Commerce, under which NOAA serves, was promoted to Ambassador to China, with no responsibility for the abuses the Inspector General found?

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SA

7:32 pm on Thursday, September 29, 2011

$500 to $2,500 for a tow surfing ticket is ridiculous.

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shaun Burns

8:11 pm on Thursday, September 29, 2011

NOAA obviously doesn't know anything about surfing.

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James

10:17 pm on Thursday, September 29, 2011

NOAA should stick to the weather! Why are we wasting tax dollars on these guys? This seems un-American!

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david Puu

10:20 pm on Thursday, September 29, 2011

"While we greatly prefer to use education and outreach to gain compliance, at times NOAA must issue penalty assessments in order to protect sanctuary resources."

How about we mount a class action lawsuit against this Masters person personally, take his home, and see that he is unemployed at the earliest possible opportunity. instead? How about that for precedent?

When Governance endeavors to suppress the civil rights of individuals under the guise of preserving the ecosystem while offering zero benefit and possibly COSTING the ecosystem by it's misplaced, misdirected, uneducated, and egregious actions, it is time to close that agency. Fire this man AFTER he is made to pay.

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James

10:37 pm on Thursday, September 29, 2011

I had to read this twice! Did this government agency just outlaw surfing? Wait! Two guys surfing in extreme conditions in the early morning hours on a secluded beach with no chance of survival if something go's wrong keeping eachother safe is now a crime? Really? Wow glad I don't surf

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Brad Kava

11:02 pm on Thursday, September 29, 2011

I keep wondering why it's legal to harass whales and chase them in tourist boats, but not to use a jet ski, which is maneuverable enough to avoid most creatures..and has the motivation to avoid mammals? I wish this agency would explain that to us.

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Marguerite MacDonald

5:08 am on Friday, September 30, 2011

I went out in a tourist boat and the captain kept it within the boundaries allowable so I needed my zoom lens to get any decent shots of the whales. I don't know if all whale watching boats have such a diligent crew as the one I was on had. Kudos to Stagnaros. I don't know them, not employed by them and have nothing to gain by naming them, just like to give credit where credit is due.
When I fished commercially in the Atlantic I would see whales surface and blow not all that far from my boat. Once one even swam under the boat, looking like a huge black shadow twice the size of my boat and emerged not far off the starboard side. I never thought my vessel was causing them any grief. They seemed to find it a curious object that needed to be checked out.
I have watched people in pleasure crafts leave the harbor and open their throttle up even though there are sea lions, otters and seals in the water in front of them. The operator of a jet ski isn't going to do such a thing deliberately as the impact could cause their vessel damage (leaving out any ethical, moral feelings they might have as I don't know) but larger boats don't have the same concerns.
I wonder why we tolerate agencies that place human survival at peril when it's not clear to me how jet skies are cause for such concern.

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Jon

6:43 am on Friday, September 30, 2011

Home of the brave land of the free? NOAA should adopt this as their mado land of the slave home of the fee! It won't be long before they kick a guy like me out of the bay. I injoy boating and recreational fishing. I'm sure someone at NOAA is making a plan for all of us. Shame on you NOAA

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Jon

7:04 am on Friday, September 30, 2011

An investigation by the inspector general of the Department of Commerce found "law enforcement excesses, vindictive motives and questionable judgment that uncovered scandalous miscarriages of justice. It looks like vindictive motives playing out right now against these two guys. If this isn't questional judgment on NOAA's behalf.....who's responsible for keeping this agency honest? They look like a brutal gang running a muck!

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Terry

9:01 am on Friday, September 30, 2011

Terry
By raising the fine by 5x makes one think that NOOA is afraid of people questioning their authority. Tow in surfing is used for big waves without the use of jet ski for rescue can be life threatening . Note: jet skis have no prop unlike fishing boats.
Are ther any surfing attorneys out there that can give these guys a hand ?

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rj mcridge

10:01 am on Friday, September 30, 2011

It's disingenuous to claim that jet skis are out saving lives. Why? Because the lives that folks claim are being saved are those of jet skiers and tow surfers who rode their skis out to the waves and towed-in. IOW, there would be no lives to be saved if they hadn't jet skied out there and towed-in in the first place. It's a fallacious argument. I'm not a fan of jet skis except I do think on big days they should be allowed to tow-in at big breaks. That said you should make a good case, not a bogus one.

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John Snider

1:13 pm on Friday, September 30, 2011

rj, PWC's are not only used for tow surfing but also as a safety tool for surfers pushing the limits of paddle surfing, not only tow surfing. NOAA has done no research that shows conclusive evidence the PWC's are disturbing wildlife as they claim, however there is undisputable proof PWC's do save lives.

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James

2:53 pm on Friday, September 30, 2011

rj mcridge! I'm not a surfer but the only thing bogus here is your comment! Sometimes I feel like people only leave comments to be ridiculous jerks and not to understand what the true issues are. I have seen these big wave athletes in action and it is no joke! They need to have safty precautions. Think about all EXTREAM sports just about all of them have some kind of safty net weather its a parachute, rope, safty net, foam pit, dive buddy...... rj mcridge keep sitting on your couch and don't leave your house! Its not safe out there! If you didn't get in your car you would have never got in that accident..............See it even applies to you!

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Matt Keel

4:27 pm on Friday, September 30, 2011

I really do not like how NOAA is going about this, it seems they are spending a lot of time and money into this, is there not better things they could be doing? These fines and conditions are insane. When you get a speeding ticket and contest it, the fine does not go up thousands of dollars. I read about the issues with the fisheries back east and this sounds like the same thing. I really lost a lot of respect for NOAA upon hearing of this. I hope these guys prevail and even get some changes in the role of NOAA on issues like this. Who is in charge of NOAA in the Monterey Bay? He should be fired!! I have seen tow surfing before and the things these guys do is amazing. Is NOAA unwilling to work with them on creating some regulations so everyone is happy or are they just unwilling to talk?

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mike

1:22 pm on Saturday, October 1, 2011

A message from Superintendent, Paul Michel:

Dear Sanctuary Advisory Council Members,

Thank you for a lively meeting and site visit to the Exploration Center last week in Santa Cruz!
I want to follow up with you on the MPWC issue. Based on the conversation that followed the public comment period, it is clear to me that several SAC members are unclear as to the facts about MPWCs in the MBNMS and/or the status of the rule. I should have made this clear then, but I was trying to stay true to our policy of not making an agenda item out of an issue not on the agenda. Nevertheless, it is important for me to remind you that the current "jet ski" rule is a regulation in full effect (since 2008) and is not currently under review or re-consideration. We are not inviting comment on the rule as was suggested recently by a reporter (Baxter) in the Monterey Herald, nor are we interested in re-opening SAC consideration of the issue.

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Richard "Keith" Stevens (Panama)

7:51 am on Saturday, October 8, 2011

DON'T PAY THE FINES....!!
Let's see if those in charge at NOAA will jail those that they consider scofflaws and perhaps that will REALLY get this issue out into the public eye, well perhaps NOAA doesn't give a damm if ignoring congressional oversight is part of their way of doing "business".
Some very sharp, astute, legal representation is need here to rein in these out of control bureaucrats operating 'out of bounds' within this "agency"..!!
Could we double or quadruple the fines or jail sentences on these individuals when they're found guilty of the violating the numerous laws that they've violated..?
"NOAA has been accused in this Dan Rather report of stockpiling a $100 million asset forfeiture fund and using the money for cash bonuses, personal cars and yachts. Records also showed the agency paid for a judge's trip to Malaysia, accompanied by the NOAA prosecutors who appeared before him in cases."

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