News Service May 7, 2003

Towboat Captain Convicted For Speeding In Manatee Zone During Rescue

Associated Press

May 3, 2003

MERRITT ISLAND -- A towboat operator, convicted of engaging in an unlawful waterborne activity in federal court last month, could be sentenced Friday to six months in prison and a $25,000 fine.

Rick Rescott of Merritt Island admits he was speeding in the manatee-protection zone on the Banana River on April 20, 2002, but maintains he had a legal reason _ he was rushing to the scene of a sinking boat.

Rescott calls the charge and conviction ``ludicrous.'' Manatee advocates disagree. ``The speed zones are there for a reason,'' said Save the Manatee Club spokeswoman Nancy Sadusky. ``We do agree with the judge's decision.''

Rescott was operating a SeaTow salvage and towing vessel when he was dispatched to Newfound Harbor, where a vessel was reportedly sinking.

He was stopped along the way by three federal officers. After a 30-minute delay, during which Rescott said he showed the officers a speed-exemption variance SeaTow had obtained from the state Fish and Wildlife Conservation Commission, he was allowed to continue.

But it was too late. By the time Rescott got to the scene, the $25,000 vessel owned by Orlando lawyer John Overchuck had already sank.

Rescott could simply have paid a $100 fine, but chose to contest the citation in court. ``That's incredible that he got convicted,'' Overchuck said. ``I like manatees, but there are zealots taking this way too far.''

U.S. Magistrate David A. Baker ruled against Rescott after determining that the situation was not an emergency.

Federal prosecutors would not discuss specifics of Rescott's case on Thursday. ``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.''

Last year, 95 manatees were killed by boats in Florida waters, a record in the state.

Environmental groups have pursued federal help and additional regulations to improve manatee safety, but boaters have denounced attempts to increase restrictions.

 
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