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.

"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

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

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.

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.

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.

"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

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.

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

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.