Agency files first lawsuit over new boat ban at Tahoe

Sunday, Oct. 31, 1999 | 9:44 a.m.

In a lawsuit filed last week in U.S. District Court in Sacramento, the Tahoe Regional Planning Agency accused North Shore Parasail owner Kevin Kramer of repeatedly violating its regulation prohibiting two-stroke engines that power most personal watercraft.

The ban, which went into effect June 1, was the first of its kind in the country. The engines were targeted because they were discharging 25 percent or more of their fuel-oil mix into the lake famous for its clarity.

Kramer is accused of using an inflatable boat powered by a noncompliant motor to shuttle customers from the beach to a larger boat, which is used for parasailing.

"He was given citations and continued to use (banned watercraft)," said TRPA attorney John Marshall. "He was basically thumbing his nose at the agency and the regulation.

"I think this is a perfect case to show you have to take the regulation seriously."

The bi-state regulatory agency issued 525 written warnings for violations of the rule this summer, but Kramer's case was the only one requiring enforcement, TRPA officials said.

He ignored four warnings to comply with the new rule this summer, and faces a civil penalty of as much as $5,000 per day of violation, officials added.

Marshall said TRPA has tried to contact Kramer in an effort to reach an out-of-court settlement, but Kramer hasn't responded.

Patrol crews scoured Tahoe's waters this summer to make sure boaters were complying with the ban on most engines powering Jet Skis and other personal watercraft.

The crews stressed education this summer, but plan to issue fewer warnings before penalizing violators next year.