Marine Biologist In Hot Water For Getting Too Close To Sea Otters In Monterey Bay

MONTEREY (CBS SF) -- A marine biologist in the Monterey area could be in serious trouble with the federal government for getting too close to sea otters.

Monterey Bay whale watching cruises take off every day, promising to bring boatloads of tourists closer to nature.

But the owner of this tour company is accused of getting too close, twice.

Marine Biologist Nancy Black was already on probation for feeding Orcas when she was photographed violating her probation by being within 50 yards of two sea otters.

Black, who declined to comment, says she was documenting otter pup health at the time.  But, she could be the first person ever jailed for getting too close to otters.

Other Monterey Bay tour boat operators are coming to black's defense.

"Sea otters just pop out, you know from underneath the water and they get really close to boats," Benny Frank of Monterey Bay Sailing said.

"They are really not afraid of humans at all, they just swim right by you. I've gotten really close shots," Frank said.

Frank shot video of another otter swimming around his docks, that doesn't seem to mind the camera at all, and only seems interested in its meal.

But, Monterey Bay is a marine sanctuary, and otters are an endangered species.

Tourists who saw whales and otters on their tour say it seems the guides are trying to strike a balance between giving the public what they pay to see, and staying out of nature's way.

"We didn't get very near any of them. We weren't very close and they made sure not to get in front of them to block their passage," English tourist Sally Astles said.

The prosecution is requesting that Nancy Black pay a $25,000 fine instead of going to prison.

But the judge will have the final say on a fine, or prison, or both.

The sentencing is Monday.