Damn, I Got Moist Last Night - Striper Talk Striped Bass Fishing, Surfcasting, Boating

DZ · 09-30-2009, 09:31 AM

Quote:

Originally Posted by JakeF

Just curious what the swimmer was charged with? Last I heard it was still legal to swim in the ocean.

I don't know the details of this story, but if a guy wants to climb out on a rock for a breather and someone calls the Coasties on him thinking he's stranded, that's not his fault. Just sayin....

Jake,

I read the story - apparantly it's not legal to swim in the state park areas that are not beaches and Brenton Point park falls into this catagory. This guy put lots of people at risk to attempt a rescue that was not needed. He was fined by DEM. The article did say that scuba divers were excepted from the law(but divers must display a diving flag). Sounds like if your gonna skish - better tow a diving flag.

DZ

JakeF · 09-30-2009, 09:51 AM

I read the entire RI State Parks regulations document this morning after posting that, and you're right, though I did not find any mention of an exception for SCUBA divers. Where did you read that?

The posted signs all along Brentons Point also state, "Keep Off Rocks", are they going to start arresting surfcasters for ignoring those as well?

Section 30 states that the maximum penalty for violation of State Parks regulations (with 2 exceptions in Section 26) is not to exceed a fine of not more than $100. Why was the guy arrested instead of just being issued a ticket? There must have been extenuating circumstances that we're not aware of.

I hear what you're saying about the rescue people being put at risk unnecessarily. However, if someone else called in a "rescue" that was not necessary, isn't that the fault of the person who made the unnecessary call, not the swimmer who obviously had no trouble getting back to shore safely on his own? I've swum out to Seal Rock myself several times. It's only 0.38 miles, and not a tough swim at all if you're properly equipped. I wouldn't consider myself a "dimwit" for doing it either, as there is some good fishing around there at times.

DZ · 09-30-2009, 10:13 AM

Jake,
They fined the guy a $100. Not sure if they actually "arrested" him. The scuba diver exemption was mentioned in the article.

As far as the "Keep off the rocks" signs. You have to know the local history - a few years back a grade school trip to Newport during vacation week in February turned to tragedy. A few kids went out too far onto the rocks in conditions similar to yesterday and were swept off and drowned. The signs were then put up by local authorities - they are not intended to keep local fishermen off - just a caution to unexpecting/uneducated public that are not familiar with what the ocean waves can do. They protect the wary - but not those without any common sense. The guy in this story may have been confident in his abilities but most people with common sense would agree his actions were wacko considering the conditions.

DZ

JakeF · 09-30-2009, 10:23 AM

I hear ya. I'd like to see the actual ammendment to the law that provides an exception for divers. If I have to use a dive flag as a pass to skish, I will.

Quote:

most people with common sense would agree his actions were wacko considering the conditions.

Maybe, but then again, most people with common sense would consider standing on a slippery rock, in the pounding surf, in the middle of the night, a bit wacko as well.

JakeF · 09-30-2009, 10:47 AM

Besides, aside from the legality of swimming there, I really don't see the point in calling a guy a "dimwit", "numbnuts", or "stupid", and hoping a judge "throws the book at him" , just because he did something a bit more extreme than you might choose to do yourself. There's plenty of worse things he could have been doing with his time....

Crafty Angler · 09-30-2009, 01:25 PM

Quote:

Originally Posted by JakeF

Besides, aside from the legality of swimming there, I really don't see the point in calling a guy a "dimwit", "numbnuts", or "stupid", and hoping a judge "throws the book at him" , just because he did something a bit more extreme than you might choose to do yourself.....

"Aside from the legality"...

As DZ said, he put the lives of the responders at risk. Period. What is there about that you don't understand...

Listen, Hard Step, you're free to do whatever you like - just don't jeopardize other people's lives in the process

End of story

JakeF · 09-30-2009, 02:53 PM

Quote:

Originally Posted by Crafty Angler

"Aside from the legality"...

As DZ said, he put the lives of the responders at risk. Period. What is there about that you don't understand...

I'm not trying to be an ass here at all, but I just feel that this is getting blown out of proportion. Anyone who knows me, knows that I would never put anyone's life in danger intentionally, nor would I advocate any such move. I honestly don't believe this guy did either, intentionally or not. Apparently he did violate a State Park regulation against swimming there, and will pay the fine for that, but that's as far as this needs to be taken in my opinion.

Yes, it was kind of a snotty day to be out on the water, but do you really believe that any of the highly trained, expertly equipped personel who responded that day, were at any point in mortal danger as they sat aboard their 41' rescue boat equipped with radar, gps plotter showing all submerged hazards, life raft, etc. etc.? I'll guarantee you they were MUCH safer than just about any other boat out and about that day.

Were they inconvenienced? You bet, and it sucks that someone thought this guy needed rescuing when he clearly didn't. Those guys could have stayed in their cushy shack drinking coffee that day. I'm sure it sucked having to take their coffee mugs on the boat and go for a ride.

By the way,,, sorry you got moist.

Doublerunner · 09-30-2009, 05:55 PM

Quote:

Originally Posted by DZ

Jake,
They fined the guy a $100. Not sure if they actually "arrested" him. The scuba diver exemption was mentioned in the article.

As far as the "Keep off the rocks" signs. You have to know the local history - a few years back a grade school trip to Newport during vacation week in February turned to tragedy. A few kids went out too far onto the rocks in conditions similar to yesterday and were swept off and drowned. The signs were then put up by local authorities - they are not intended to keep local fishermen off - just a caution to unexpecting/uneducated public that are not familiar with what the ocean waves can do. They protect the wary - but not those without any common sense. The guy in this story may have been confident in his abilities but most people with common sense would agree his actions were wacko considering the conditions.

DZ

I can understand warning the uneducated public or just the general public as I am sure many people do not know the RI regs on swimming. But I do have to wonder why in the world would a grade school be taking a trip out on the rocks there in February? That makes no sense. And doing it during the vacation week makes no sense either. Regardless of that any one can be swept off the rocks anywhere if they are unknowing and/or uncareful. I remember a cop once telling me that ignorance of the law is no excuse. So if that swimmer did not know it was illegal he will have to pay a price. But to encourage that someone should beat the crap out of him??? Come on...

Thank god all of us didn't get the crap kicked out of us every time we did something that someone else didn't approve of

Another thought. If you were swept off the rocks there, in which direction would you swim? For the shore or further out into the ocean?