~~~

Many anti-PWC people are highly suspect of the Sanctuary’s ability to effectively enforce the new ban. As evidence, they point to the fact that two of the three enforcement officials in Monterey County—California State Lifeguards Erik Landry and Eric Sturm—are enthusiastic towsurfers and PWC-users themselves.

Yet some professional towsurfers like Tyler Smith of Santa Cruz have already stated that when conditions dictate, they will simply “take the fine” and tow into waves at Ghost Tree, Maverick’s or elsewhere.

“If it’s going off in the 30-plus-foot range and only a PWC is going to get me into the wave, then we’re going,” Smith says. “It’s going to be like the old West. We’re going to be outlaws. If that’s the way they want it, that’s the way it will be.”

Or else, according to Curry, towsurfers will simply find an alternate, and inevitably more dangerous, way to do the sport.

“It’ll be a safety issue more than it is now,” he says. “We’ve got the machine to go out and do the sport safely right now. Towsurfing is not going to go away. We’ll just use inflatable rubber boats or some kind of prop-driven platform, and that’s going to be far more dangerous in every aspect of the sport.”

Scott Kathey, federal regulatory coordinator for the Sanctuary, says that individuals who ignore the new rulings and continue to operate PWCs in undesignated parts of the Sanctuary risk escalating fines and, eventually, the confiscation of their vessel.

“The first offense is $500 and the second offense would go up appreciably,” Kathey says. “At any point we could confiscate the craft and keep it.”

In addition, Kathey points out that these are civil penalties, not criminal penalties, so the burden of proof is significantly lower.

“We don’t need evidence beyond a reasonable doubt. We just need a preponderance. The bar is not as high. If officers witness them on the water at any time, the enforcement could happen on the docks upon return.”

Many towsurfers continue to hope that something can be worked out before the Sanctuary’s new ban goes into effect.

The towsurfing debate has broken onto the national stage in recent years with feature articles in the New York Times, Outside and The New Yorker. Most recently, the December 2005 cover story of Surfing magazine features some of the main players in the towsurfing debate, including Monterey Bay locals Peter Mel, Ken Collins and Doug Kasunich.

Agreeing that towsurfing may be reaching critical mass in some places, especially at high-profile spots in Hawaii and Tahiti, the participants discussed possible plans to regulate the new sport, including the aforementioned permit system or lottery draw, and self-policing.

Peter Mel, the Santa Cruz pro who has become the de facto spokesperson for the sport, and participated in the 2003 working group, has won praise for his level-headed articulation of the pro-tow position, but an equal amount of criticism from towsurfers who claim he is too soft spoken and passive for the job.

Yet throughout the course of the article’s round-table discussion, only Mel steps up and offers to “take the logistics of making a skeleton of what we actually need for a real organization.”

There are some, however—including some of the sport’s leaders, who are willing to throw in the towel and accept a ban.

In Hawaii they’ve implemented a licensing system where PWC-users have to take a safety class before they’re allowed in the water. Last December, 70 PWCs and boats descended upon at Peahi, towsurfing’s Valhalla off the coast of Maui, and chaos ensued. According to eye witnesses, it was a miracle no one died.

In light of these developments, Laird Hamilton, the godfather and co-inventor of towsurfing, stated in the article, “I say ban it. At 99 percent of the places. Probably the best thing for everybody. For us, too. That’s just my opinion, but…if we went back to paddle surfing, that’s fine. Never had a problem with it. This was just a way for me to ride some really big waves.”

And in light of Monday’s Surfrider Foundation meeting, the possibility for an exception for towsurfing in the Sanctuary looks increasingly grim. From an objective perspective, towsurfing benefits far too few people to justify the energy and resources it would take to implement and enforce. One thing’s for sure, however: time’s running out for the towsurfing community to find a unified voice with which to present a reasonable mixed-use plan. And without the ability to prevent infighting and resolve the emotional issues surrounding localism, the surf community doesn’t have a paddle surfer’s chance at Ghost Tree to make this wave. ~~~