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Lawsuit over damage to sea grass
Boat dealer sued over damage to sea grass By Todd Ruger Sarasota Herald Tribune Published: Monday, February 23, 2009 at 1:00 a.m. Last Modified: Sunday, February 22, 2009 at 11:05 p.m. MANATEE COUNTY - A 72-foot yacht from Marlow Marine Sales in Palmetto departed for a Miami boat show in 2006, but strayed from a deep channel in Everglades National Park and ran aground on Arsenic Bank. Related Links: * Federal lawsuit over seagrass damage in Keys map | Graphics After several days of trying to float the "Rebel Yell" off the sandbar, crew members powered the yacht over it, plowing a channel through the shoal and tearing up sea grass in the sensitive preservation area, government officials say. The National Park Service filed a federal lawsuit against Marlow Marine this month, saying the cost of the damage totals $240,000 -- and counting -- as the service works to repair the area and monitor its progress. The lawsuit is the second filed in Florida's federal courts in the past year seeking hefty damages against boat owners accused of tearing up sea grass. In the other case, the government is seeking $600,000 in damages from a boat owner who ran aground near Key West in 2003. Sea grass acts as nurseries and feeding grounds for fish, shrimp, stone crab, lobster and a variety of other aquatic life, including endangered species like sea turtles and manatees. Both of the federal lawsuits were filed over damage done to national preserves. The owner of the "Rebel Yell," boat dealer David Marlow, is contesting the $240,000 in damages. In court paperwork, he argues that the yacht's crew was acting with care when it ran aground, and navigational aids in the waterway were deficient and negligently maintained. Shallow waters and sandbars are the main features of Florida Bay, the shallow lagoon at the southern tip of the Florida Peninsula. The number of boaters using the bay has more than doubled over the past 20 years, and at some points, the average low tide can be just 1 foot deep. The government's lawsuit states that repairing the damage from the Rebel Yell meant replanting two types of sea grass in a 2,270 square foot area, and required about a tractor-trailer full of sediment to refill and stabilize the hole the propeller left in the sandbar. Several attempts were made to refloat the yacht before the crew used its engine to power off of the shoal, according to the Department of Justice lawsuit. The Justice Department declined to comment about how damages were calculated or how many of these claims it pursues each year. Similar propeller scarring of sea grass beds is widespread and increasing in Florida Bay, according to a study from the National Park Service released last month. The densest scarring occurred in shallow areas, near navigational channels, and around areas most heavily used by boaters, the study found. |
Lawsuit over damage to sea grass
"HK" wrote in message ... Boat dealer sued over damage to sea grass snip... Wow..that 's scary. I hope the protected areas are well marked |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 15:02:12 -0400, "Don White"
wrote: "HK" wrote in message ... Boat dealer sued over damage to sea grass snip... Wow..that 's scary. I hope the protected areas are well marked The consequences of damaging sea grass beds down there should be well known by boaters. I've run across almost every time I've read Florida boating and fishing regs. Also been mentioned numerous times in boating forums, like the Carolina Skiff forum. Wayne boats in the keys, and he could shed some light on it. I'd bet that if was grounded he would get kedge off or get towed off instead of tearing up the bed with his props. Paying for that would be less than the fine for tearing up the bed. This guy should have known better. Another problem they have down there is boats tearing through the beds at high speed, and even if they don't ground, they can scar up the bed. I don't have any sympathy for them when they get fined. --Vic |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 14:20:41 -0500, gfretwell wrote:
The channels are marked, everything else is "protected". It is fairly new legislation that prompted these suits. Perhaps for the sea grass, but I seem to remember a ship running aground on a coral reef 10-15 years ago, and the coral repair ended up being a hefty chunk of change. |
Lawsuit over damage to sea grass
thunder wrote:
On Tue, 24 Feb 2009 14:20:41 -0500, gfretwell wrote: The channels are marked, everything else is "protected". It is fairly new legislation that prompted these suits. Perhaps for the sea grass, but I seem to remember a ship running aground on a coral reef 10-15 years ago, and the coral repair ended up being a hefty chunk of change. I remember reading about that one, too. |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 13:20:57 -0600, Vic Smith wrote:
Another problem they have down there is boats tearing through the beds at high speed, and even if they don't ground, they can scar up the bed. I don't have any sympathy for them when they get fined. Yeah, I've seen quite a few grass flats with scars criss-crossing them. One wouldn't think the damage would be all that severe, but I've read that many sea grasses are already under considerable duress, and in some cases, already endangered. |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 13:20:57 -0600, Vic Smith
wrote: Wayne boats in the keys, and he could shed some light on it. I'd bet that if was grounded he would get kedge off or get towed off instead of tearing up the bed with his props. If you run aground in the Keys you really do not want to call for help if you can possibly avoid it. It will invite a lot of unwanted and expensive attention. |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 13:33:16 -0600, thunder
wrote: Yeah, I've seen quite a few grass flats with scars criss-crossing them. One wouldn't think the damage would be all that severe, but I've read that many sea grasses are already under considerable duress, and in some cases, already endangered. Once the grass is scarred it seems to change the whole ecology underneath. On the flats the scar frequently creates a channel for tidal run off and that tends to make it deeper over time and keep it open. One thing that's being done in the Keys is to install public moorings in areas where people frequently anchor for diving or fishing. The new "screw pile" moorings cause very little bottom disruption and anchor scarring is minimized. |
Lawsuit over damage to sea grass
"Wayne.B" wrote in message ... On Tue, 24 Feb 2009 13:20:57 -0600, Vic Smith wrote: Wayne boats in the keys, and he could shed some light on it. I'd bet that if was grounded he would get kedge off or get towed off instead of tearing up the bed with his props. If you run aground in the Keys you really do not want to call for help if you can possibly avoid it. It will invite a lot of unwanted and expensive attention. I remember reading an interesting story a few years ago regarding boat damage to protected areas like sea grass and coral. I've forgotten the details, but I remember the main issue. In Admiralty Law, the responsibility for the damage stays with the boat, not the boat's owner at the time of the occurrence. In the case involved, a large pleasure boat caused damage to sea grass or something off the coast of Florida. Before any legal action was taken against the owner, the boat was sold. The new owner was sued for the damage. He fought it in court for years but eventually settled by paying (I think) around $20K which was a fraction of the original monetary damages pursed by the government agency that brought the lawsuit. Eisboch |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 22:07:45 -0500, "Eisboch"
wrote: I remember reading an interesting story a few years ago regarding boat damage to protected areas like sea grass and coral. I've forgotten the details, but I remember the main issue. In Admiralty Law, the responsibility for the damage stays with the boat, not the boat's owner at the time of the occurrence. In the case involved, a large pleasure boat caused damage to sea grass or something off the coast of Florida. Before any legal action was taken against the owner, the boat was sold. The new owner was sued for the damage. He fought it in court for years but eventually settled by paying (I think) around $20K which was a fraction of the original monetary damages pursed by the government agency that brought the lawsuit. We were at Everglades Park ranger station at Flamingo (southern tip) a few years ago and they were telling us that there was a large sportfish stuck somewhere in Florida Bay that had been there for months. The park service would not allow it to be salvaged unless there was a guarantee of no sea grass damage and no one wanted to take the risk. |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 22:16:04 -0500, Wayne.B wrote:
We were at Everglades Park ranger station at Flamingo (southern tip) a few years ago and they were telling us that there was a large sportfish stuck somewhere in Florida Bay that had been there for months. The park service would not allow it to be salvaged unless there was a guarantee of no sea grass damage and no one wanted to take the risk. Sometimes the park service comes across as Nazis. It's not like leaving that boat there isn't going to cause any damage. The early settlers of Flamingo must have been a hardy lot. I can't imagine living there before the invention of Deet. ;-) |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 21:56:20 -0500, Wayne.B
wrote: On Tue, 24 Feb 2009 13:20:57 -0600, Vic Smith wrote: Wayne boats in the keys, and he could shed some light on it. I'd bet that if was grounded he would get kedge off or get towed off instead of tearing up the bed with his props. If you run aground in the Keys you really do not want to call for help if you can possibly avoid it. It will invite a lot of unwanted and expensive attention. Well, the guy who powered off got $240k worth of attention. And he was there for 2 days trying to get off, so it's no secret the park service would be looking at the damage, Doesn't sound fiscally responsible. Maybe he's a mortgage broker. But I was hoping you would shed some light on what you would do if you were grounded. For instance if you couldn't back off, and it was near high tide, would you try to kedge off? I'm totally inexperienced with these grass fields. --Vic |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 21:26:22 -0600, thunder
wrote: On Tue, 24 Feb 2009 22:16:04 -0500, Wayne.B wrote: We were at Everglades Park ranger station at Flamingo (southern tip) a few years ago and they were telling us that there was a large sportfish stuck somewhere in Florida Bay that had been there for months. The park service would not allow it to be salvaged unless there was a guarantee of no sea grass damage and no one wanted to take the risk. Sometimes the park service comes across as Nazis. It's not like leaving that boat there isn't going to cause any damage. The early settlers of Flamingo must have been a hardy lot. I can't imagine living there before the invention of Deet. ;-) If the bugs don't get you the crocs will. We only go in the winter months. There are some beautiful wilderness areas going north from there. |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 21:58:27 -0600, Vic Smith
wrote: For instance if you couldn't back off, and it was near high tide, would you try to kedge off? It's difficult enough to kedge off a 5,000 lb boat, almost impossible with 70,000 lbs. We try to avoid marginal water depths at high tide, it being much more preferable to go exploring on half tide and rising. If you are going slow and nudge the bottom it is usually easy to back off. Otherwise the best strategy is to try and turn the boat towards deep water and power it off. A dinghy with a large outboard can be used as a mini tug boat to turn the boat in some cases. I know one guy who is a full time cruiser on a boat with an 8 ft draft. He has a 35 horse on his dinghy just for that purpose. It can be tempting to try and power through a shallow spot but that can lead to big trouble if it doesn't work out. |
Lawsuit over damage to sea grass
On Feb 24, 1:38*pm, HK wrote:
Boat dealer sued over damage to sea grass By Todd Ruger Sarasota Herald Tribune Published: Monday, February 23, 2009 at 1:00 a.m. Last Modified: Sunday, February 22, 2009 at 11:05 p.m. MANATEE COUNTY - A 72-foot yacht from Marlow Marine Sales in Palmetto departed for a Miami boat show in 2006, but strayed from a deep channel in Everglades National Park and ran aground on Arsenic Bank. Related Links: * * ** Federal lawsuit over seagrass damage in Keys map | Graphics After several days of trying to float the "Rebel Yell" off the sandbar, crew members powered the yacht over it, plowing a channel through the shoal and tearing up sea grass in the sensitive preservation area, government officials say. The National Park Service filed a federal lawsuit against Marlow Marine this month, saying the cost of the damage totals $240,000 -- and counting -- as the service works to repair the area and monitor its progress. The lawsuit is the second filed in Florida's federal courts in the past year seeking hefty damages against boat owners accused of tearing up sea grass. In the other case, the government is seeking $600,000 in damages from a boat owner who ran aground near Key West in 2003. Sea grass acts as nurseries and feeding grounds for fish, shrimp, stone crab, lobster and a variety of other aquatic life, including endangered species like sea turtles and manatees. Both of the federal lawsuits were filed over damage done to national preserves. The owner of the "Rebel Yell," boat dealer David Marlow, is contesting the $240,000 in damages. In court paperwork, he argues that the yacht's crew was acting with care when it ran aground, and navigational aids in the waterway were deficient and negligently maintained. Shallow waters and sandbars are the main features of Florida Bay, the shallow lagoon at the southern tip of the Florida Peninsula. The number of boaters using the bay has more than doubled over the past 20 years, and at some points, the average low tide can be just 1 foot deep. The government's lawsuit states that repairing the damage from the Rebel Yell meant replanting two types of sea grass in a 2,270 square foot area, and required about a tractor-trailer full of sediment to refill and stabilize the hole the propeller left in the sandbar. Several attempts were made to refloat the yacht before the crew used its engine to power off of the shoal, according to the Department of Justice lawsuit. The Justice Department declined to comment about how damages were calculated or how many of these claims it pursues each year. Similar propeller scarring of sea grass beds is widespread and increasing in Florida Bay, according to a study from the National Park Service released last month. The densest scarring occurred in shallow areas, near navigational channels, and around areas most heavily used by boaters, the study found. I'm glad we have none of that ( Sea Grass) up here.... Now, if we could only catch and fine the Lake Freighter dorks dumping their dam sea ballast; we'd be fine. All we got from that is Gobies, Zebra Mussels, and Rusty Crawfish. |
Lawsuit over damage to sea grass
On Tue, 24 Feb 2009 23:27:40 -0500, Wayne.B
wrote: We try to avoid marginal water depths at high tide, it being much more preferable to go exploring on half tide and rising. How do you "localize" tides when cruising? I use local tide tables sometimes when fishing in Florida, and find them reliable for that spot, but considerably off a few miles away. Of course that's normally in estuary waters. Is open water in the Keys consistent with one tide table? --Vic |
Lawsuit over damage to sea grass
On Wed, 25 Feb 2009 17:24:10 -0600, Vic Smith
wrote: Is open water in the Keys consistent with one tide table? No, there are many different tide stations in the Keys. Most modern chart plotters have that all built in but you could still do it the old fashioned way with tide tables, station list, offsets, etc. |
Lawsuit over damage to sea grass
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Lawsuit over damage to sea grass
On Wed, 25 Feb 2009 22:09:59 -0600, Vic Smith
wrote: Probably want a forward looking sounder too, if there is such a thing. Forward looking sounders exist but mostly for big boats, and the reviews are mixed even there. And a go-slow attitude where appropriate. That's the real answer. When you go agound at speed you can end up high and dry. For an inexpensive chartplotter with tide information, check out a used Garmin 182 or 182C on EBAY. I have a 182 at the lower helm that came with the boat and it's a decent unit. One of my neighbors bought a 182C (color) and he likes it. For a small boat try to get one with the built in antenna. |
Lawsuit over damage to sea grass
On Thu, 26 Feb 2009 08:30:16 -0500, Wayne.B
wrote: On Wed, 25 Feb 2009 22:09:59 -0600, Vic Smith wrote: Probably want a forward looking sounder too, if there is such a thing. Forward looking sounders exist but mostly for big boats, and the reviews are mixed even there. And a go-slow attitude where appropriate. That's the real answer. When you go agound at speed you can end up high and dry. For an inexpensive chartplotter with tide information, check out a used Garmin 182 or 182C on EBAY. I have a 182 at the lower helm that came with the boat and it's a decent unit. One of my neighbors bought a 182C (color) and he likes it. For a small boat try to get one with the built in antenna. Thanks for that advice. Used units are pretty high on ebay, but new low-end models aren't too bad retail on the net. Used electronics scares me. Probably get a new unit when I get my boat. --Vic |
Lawsuit over damage to sea grass
On Thu, 26 Feb 2009 08:30:16 -0500, Wayne.B
wrote: That's the real answer. When you go agound at speed you can end up high and dry. I ran a duckboat high and dry a thousand times. Transom a yard past the water's edge. Wasn't about to muscle it up the beach, if the engine cou;ld be made to do the work. Casady |
Lawsuit over damage to sea grass
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