Proposed Rule Enforcement

Tiderider · Proposed Rule Enforcement

http://www.pnj.com/article/20090901/NEWS01/909010321/1052

This goober Bob West came out on the pier last year and told folks fishing down by the beach (pomp hole) they had to move further down the pier as they were fishing in a swimming area. This could be a bad deal for us.

Pensacola Beach lifeguards can tell swimmers to stay out of the Gulf of Mexico on red-flag days, but there is no law to make people stay out of dangerous surf.
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That may be changing.

The Santa Rosa Island Authority board wants to give beach authorities some bite along with their bark.

The board gave Public Safety Supervisor Bob West the preliminary OK to work with the Escambia County attorney to create an ordinance giving public safety officials the authority to enforce beach rules and ticket those who do not abide.

Most people already are compliant, West said.

"(But) if the ordinance passes, we can call law enforcement," West said. "Then the person will get two tickets — one for failure to obey the ordinance and another for failure to obey a direct order."

In a memo to board members, West wrote that the new ordinance may alleviate the "fairly common occurrence of our lifeguards advising beach patrons and the offender cussing at them before outright ignoring their request because they know the lifeguard has no real authority."

Among the rules most commonly flouted:

• Re-entering the Gulf after being rescued.

n Swimming under or around the Gulf Pier.

n Jumping or diving off of the Quietwater and Gulf piers.

Devon Pinzone, assistant manager of the Gulf Pier, says he fully supports putting more teeth in enforcing the beach rules. Swimmers, snorkelers and even scuba divers frequently stray under the pier where anglers are fishing.

"I do have a couple of gentlemen who are banned from the pier for diving off," Pinzone said.

The proposed ordinance would allow only Santa Rosa Island Authority supervisors — including West, Executive Director W. A. "Buck" Lee, water safety supervisor Dave Greenwood and two senior lifeguards — the authority to enforce the rules.

Lee urged the board to support the rule changes.

"We need this out here," Lee said. "Bob did a great job on this and called around to other agencies in the state that have ocean rescue lifeguard programs to see what they do."

West researched how the municipal lifeguard programs of Delray Beach, Manatee County, Dania Beach and Tybee Island, Ga., enforced their rules before creating a draft proposal.

The proposed changes will be brought before the SRIA board for approval as early as Sept. 9.

Escambia County Commissioners would have to approve the changes.

SRIA board member Vernon Prather supports the changes.

"The one thing that blows my mind is someone re-entering the Gulf after being rescued," he said.

This happens frequently, West said.

"We've had 250 rescues so far this year," he said. "And 15 of those people went back in the water."

In one case this year, a boy was rescued twice and was going into the water for a third time on a yellow flag day, West said.

When lifeguards told his mother to keep him out, she ignored them saying she was watching him, West recalled.

"This is when we need to be able to call law enforcement," he said.
"The Santa Rosa Island Authority executive director, director of public safety, water safety supervisor and senior lifeguards would be allowed to enforce the following prohibitions:

n Fishing in public swimming areas.

n Diving/jumping off of Gulf, Quietwater or any public pier.

n Re-entering the Gulf if Mexico after being rescued.

n Fishing, shark fishing, spear fishing in public swimming areas.

n Operating any non-motorized boat/kayak in swimming areas.

n Throwing hard balls or objects or playing football, volleyball or baseball in crowded conditions.

n Digging deep holes or tunneling in the sand in congested areas.

n Getting on lifeguard towers.

n Swimming in the Gulf during dangerous surf conditions when red flags or double red flags are posted.

n Swimming after drinking alcohol but not yet intoxicated to the point of lawful arrest.

n Swimming well offshore -- outside the designated swimming areas -- in the Gulf or Sound.

n Kite-boarding.

n Skim-boarding dangerously close to bathers.

n Swimming under or around the Gulf Pier.

n Placing large tents in front of lifeguard stands, obstructing the ability of lifeguards to observe the beach and water.

What's next?

Proposed changes to the rules must go before the Santa Rosa Island Authority board for review and approval Sept. 9 during a regular meeting. The Escambia County commissioners would have to OK the changes before they became law.

Related Topics"

BrownMarlin

WHAT! Fishing in Public swimming areas? Isn't it the law or rule to stay 300feet away from the pier? I know they will enforce the 300 ft. away from PC Pier, they just put up new signs

seminole73

Obie,

Funny you should post the link to this article. I haven't been able to fish too often due to a busy schedule and continue to forget to ask this question when at the pier. About 2 months or so ago, I was fishing just shy of the pomp hole (for bait) and was approached by a team of lifeguards. There were obviously some "trainees" in the group. One of the lifeguards instructed me to stop fishing as it was "illegal" noting it was posted at the base of the pier (no fishing in the presence of swimmers). I was unaware of this alleged rule, meant to check, but forgot when leaving because I caught a decent king I was trying to get home. In the end, I figured it was something they really couldn't enforce, but decided to move nevertheless.

Anyway, told my cousin about this the last time we where out there. Both of us were going to ask, but again failed to when leaving the pier. I always thought that swimmers, divers, surfers, et al. needed to stay a certain distance from the pier. Wonder if with this new ordinance, will law enforcement be able to ticket someone for fishing around swimmers?

On another note, what about surf fishing? Will this law keep people from fishing where people are swimming? Or is it only going to prevent people from fishing in designated "public" swimming areas that are manned by lifeguards? Interested to see how this plays out.

Tiderider

If this ordinance passes we will possibly lose our shallow water pier fishing. It's truly hard to believe they would build a fishing pier and then not allow fishing.

Tiderider

BrownMarlin

Tiderider

Your right we had better be concerned. The pier management may want to be even more concerned because if they move us off the beach there's going to be a lot of people not fishing especially in the spring and fall when the mullet, pompano and whiting run.

plotalot

It seems to me that Mr. West over stepped his authority for coming on to the pier and telling folks to move out of the pomp hole. It may due to the fact he knew that he couldn't make the swimmers leave the area near the pier and felt it easier to bluff fishermen from their rightful area. It seems to me that SIRA is about to give this guy carte blanc to make up his own rules and see that they get enforced however he sees fit to do so.

I am all for protecting the beach goers and giving the lifeguards help in doing their job. The proposed ordinance states: "n Swimming under or around the Gulf Pier." So what becomes of the pomp hole if this ordinance is passed? Does it mean that the lifeguards will now be able to help fishermen out by keeping the area clear of swimmers or does it now becomes a no swimming and no fishing area? I would be in support of this ordinance if the former were the case. A petition sounds like a good idea to me. I would word it in such that the pier fishermen are in full support if the ordinance if it means that we keep the right to fish the entire length of the pier over fishable water or that we are strongly opposed to it if pier fishing is infringed upon in the slightest. I would then make it a point to visit Mr. West before the SRIA meeting, show him the petition and ask him which side does he want the fishermen to be on.

CLEVE3990

I talked to Bob West this morning. I was fishing in pomp hole and whiting area. I doubt we have anything to worry about. One of his complaints is now, anyone can shark fish or surf fish right in frount of the life guard stands and there is nothing they can do about it.We are not fishing in the swimming hole, they are swimming in the fishing hole the way I look at it.As it stands now, if lifeguards or sherriff tells some one to move, they can tell them to lump it. They arrested 4 about a year ago, and the prosacuter turned them loose. Something needs to be done . Many of you may remember us going through this several years ago with the surfers and went to the county commisioners meeting and spoke. The surfers had their attorney there and they basiclly did nothing but restrict them to west side.

Tiderider

Well that's great news Bob, but why has he and the lifeguards continued to try and move us down the pier?

PBTH

I got in a huge argument last fall with every lifeguard on duty that day and had the police called on me. Me and my friends had specifically gone to the beach to body surf that day because the surf was big enough to make it worth while. Well, around here that means it was a red flag day and the guards were keeping everyone out of the water. Well, after being polite the 1st 3 times they asked to stay out we told them to go pound sand and headed out. The cops were called and we were called in from the surf a 4th time. The officer told us that the lifeguards had closed the water and we had to stay out. I reminded the officer that neither he nor the lifeguards had the ability to close the Gulf of Mexico to the public. I also reminded him that a red flag is only a warning and only when a double red flag is posted is the water closed to the public. He agreed with all of this and responded saying that he would arrest us on grounds of insanity if we reentered the water.

To make a long story short, Bob West can go pound sand.

If they tried to pull this in California or Hawaii where the average wave size is magnitudes greater that ours they would get laughed off the beach.

kidcobia

WOW

What kind of crap is that?? Thank God it's KEEP 300FT AWAY here in PCB

MS PAT · 300 FT RULE

WHAT HAS HAPPENED TO BOATS, SWIMMERS AND DIVERS STAYING 300 FEET AWAY FROM THE PIER!

ISN'T THIS A FLORIDA STATUTE

THERE IS AN ENTIRE GULF OF MEXICO THAT NO PIER STANDS NEAR, AND THEY HAVE TO COME SWIM, FISH, ETC. AND DEPRIVE PAYING FISHERMEN AND WOMEN A SMALL FISHING AREA

THIS IS TOTALLY UNBELIEVEABLE

PIER MANAGEMENT BETTER STAND UP FOR FISHING RIGHTS ALREADY ACCORDED PIERS.

Nite Legend

Don't know about the state law, but I do know it is enforced here in PC.... Inside of 300 feet here is a

Tiderider

They built the new Pcola Pier a couple of hundred yards west of the original pier, unfortunately Casino Beach has encroached on the new pier. Now the public (read guarded) beach extends well to the west of the pier, it's even non alcohol, west of the pier. So it would be very difficult to keep swimmers 300 ft away from the pier.

Hopefully we can coexist without sacrificing swimmer safety or fishing.

Nite Legend

FIRST SHOT,

oops, got em by the wetsuit,

DandRCrush

The entire incident of being told to quit fishing in the pomp hole off the pier completely blows my mind!

I'll tell you this much: Mike Pinzone and Chris Cadenhead will end up losing their lease (if they don't end up losing it anyway for other, more obvious reasons) if people are restricted from fishing anywhere they want to on the FISHING pier....

I find it repugnant enough that fishermen are restricted to only fishing for certain species or shall I say not allowed to fish for certain species (ie sharks) from a fishing pier that was built specifically for fishing and for which people pay as much a $7.50 a day to do. It's insanity!

Hello Buck Lee, Bob West, Dave Greenwood et al...it's a FISHING PIER for Chrissakes!

Dylan

I was fishing for Blackies when they were right on the beach a month or so back..2 lifeguards came onto the pier and asked me to move..I told them to tell the swimmers to move..They also approached a guy next to me who had HIS KIDS and they WERE catching blackies and asked them to move..He laughed and shook his head..I moved but he stayed...I told pier management and they said not to worry about the lifeguards..

seminole73

BigKenny

Devon on the pier is on our side I believe. Very good Kid. He listens to us. we need him around. As for the Famed Life Guards. They need to do some soul searching or something. They jump off the pier all the time. Why can they do it? Oh, Because we say so! But you cant! They dont understand we do a lot of lifeguarding also. If we see something happening, we do whats necessary to help. Only in the hot summer months do swimmers & fishers collide. Most of the rest of the season is fine. We do need to keep up to date on new changing rules & regs . We dont need something slid in under our eyes not knowing what & why. They would do that if possible. Keep us up to date on any upcoming changes please. The life guards shgould not have any power to cite anyone. Their heads are big enough! They have been watching to much Baywatch or whathave u! They are mostly Tourist gaurds. Not to many locals ever needed one.

Proposed Rule Enforcement

300 FT RULE