Monterey marine biologist avoids jail time for getting too close to sea otters

UPDATE 3/1/2016 6:20 PM:

A Monterey-based marine biologist accused of harassing sea otters had her day in court on Tuesday. It was sentencing day for Nancy Black, involved in several cases that have gained a lot of attention.

Despite calls for jail time, Judge Edward J. Davila ordered Black to pay a $2,000 fine. He also tacked on another year of probation and added stricter conditions for the marine biologist who has a history of violating the Marine Mammal Protection Act.

Black, a co-owner of Monterey Bay Whale Watch was originally busted for dangling whale blubber over the side of a boat within the Monterey Bay National Marine Sanctuary in 2004. Prosecutors say she was trying to lure feeding orcas toward her vessel. In 2014, a judge doled out a $12,500 fine and three years’ probation.

This time, she’s accused of harassing sea otters in the Monterey Harbor, making it a U.S. Fish and Wildlife case.

“The judge determined that she had violated the terms of her probation,” said Scott Kathey, the enforcement and regulatory coordinator for the Monterey Bay National Marine Sanctuary. “Now for Ms. Black, one of the terms of her probation was that she could not get within 150-feet of an otter. Period. A very set distance.”

The Marine Mammal Protection Act was created more than 40 years ago as a way to help in the conservation of marine life. It prohibits the killing, capture and harassment of any marine mammal. Harassment can range from pursuing an animal to altering its natural behavior. Even something as simple as trying to get the animal’s attention.

“If visitors see sea lions on a rock, they’ll clap their hands to try to get the sea lion to look up so that they can take a picture of it,” Kathey said. “And that is under the Marine Mammal Protection Act would qualify as harassment.”

While there is no set distance on how close people can get to the animals, people on the water are encouraged to keep their distance. If an animal approaches a kayaker, that kayaker isn’t at fault because it was part of the animal’s natural behavior.

Kathey says it’s important for people to remember – these animals can face a “death by a thousand cuts,” meaning while one person may have one interaction with an animal, that animal may have had hundreds of interactions.

KION reached out to Nancy Black for a statement on Tuesday. She denied our request for an on-camera interview.

ORIGINAL POST:

A prominent Monterey marine biologist is being sentenced to another year of probation and a $2,000 fine for violating her probation by getting too close to sea otters. Nancy Black’s case was heard in U.S. District Court in San Jose on Tuesday.

This is not the first time Black has been in trouble for violating the Marine Mammal Protection Act. She’s currently on probation for dangling food over the side of her boat near orcas while they fed.

Each year thousands of people come to Fisherman’s Wharf in Monterey to watch marine life unfold.

“Very educational, very experienced, it was really cool,” said whale watchers Jamie and Rain Ogle.

“I think it’s interesting to really look at other aspects of our world,” said visitor Lisa Larma.

But there is such thing as too close. Black, a marine biologist and owner of Monterey Bay Whale Watch, was sentenced for getting to close to sea otters. But Black said she was documenting otter pup health. Officials said she violated her probation and federal regulations, requiring people stay back at least 50 yards from sea otters to protect their health.

“It’s our responsibility, the sea otters are not the ones really messing up the world, the humans that are doing it,” Larma said.

Other whale watching cruise companies we spoke to who are not affiliated with Black said it’s not unusual to have friendly encounters with marine mammals while out at sea because sometimes the animals themselves get close.

“Dolphins, as you’re running along, they like to play on the bow wave so they’ll actually ride right next to the boat in the bow wave and in the wake surf and things like that,” Brent Williamson said, a captain with Princess Monterey.

Williamson explains his company sticks to marine mammal guidelines, make sure they don’t get in the way of otters or other mammals.

“We always try to stay a safe distance away and not try to change the behavior of any of the animals. That’s our main focus,” Williamson said.

The prosecution initially considered a $25,000 fine, instead of jail time for Black.

We reached out to Black on Sunday but she declined our interview request. She did tell us that she thinks the case against her isn’t fair and that she did nothing wrong.