View more videos at: http://nbcmiami.com.
A man has been given a warning letter for harassing a sperm whale that died while languishing off Florida's Pompano Beach two months ago, the National Oceanic and Atmospheric Administration said Thursday.
In the written warning issued earlier this month, NOAA's Office of Law Enforcement told Anthony Armento that he violated the Marine Mammal Protection Act, which prohibits people from harassing, capturing, hunting or killing whales and other marine mammals.
The alleged harassment occurred the morning of Dec. 16 in the waters off Pompano Beach, when a man was seen getting on top of a sperm whale by a witness, who photographed the bizarre encounter from afar.
The whale, pronounced dead hours later that day, was thought by marine scientists to have been ailing at sea long before the whale was harassed. Still, responding to reports of the man harassing the whale, NOAA's Office of Law Enforcement investigated and said it identified Armento as the violator.
Video on NBCMiami.com: NOAA slaps warning on man for harassing whale
Armento couldn't be reached for comment Thursday, despite a visit to a listed address. The letter stated that he was eligible to appeal the finding within 30 days of receiving the letter, NOAA said.
The Marine Mammal Protection Act (MMPA), enacted in October 1972, was established to protect and conserve marine mammals, according to Erin Fougeres, a marine mammal scientist with NOAA.
"The MMPA is the primary mechanism that we have to manage and conserve marine animals in the United States," Fougeres said. "It does make it illegal to harass, hunt, capture, kill or attempt to do any of those things to a marine mammal."
Also on NBCMiami.com: NOAA to look into report of swimmer getting on whale that died
Violations can result in a civil penalty up to $11,000, as well as criminal penalties up to $100,000 and imprisonment of up to a year or both. Violators include those who approach the marine mammals too closely to watch, feed or swim with them.
"We recognize that these are important animals in the marine environment, and also animals that the public enjoys seeing in the wild," Fougeres said. "And the act is really primarily to protect them so that we have them around for future generations."
Also on NBCMiami.com: Dead sperm whale towed out to sea from Deerfield Beach
Despite people's fascination with marine mammals, they should not near them for everyone’s safety, Fougeres said.
"You want to make sure that as you're observing them, you're observing them from a safe distance and in a manner that would not change their natural behavior," Fougeres said.
In Armento's case, the purpose of NOAA's issuing him a written warning was to document the violation, NOAA said. It also could be used to justify a more severe penalty if any future violations involving him occur, NOAA said.
"When proceeding with investigations and prosecutions, NOAA considers such things as the violator's intention or state of mind, the effect of a violation on the resource, the need for specific and general deterrence, etc.," NOAA said in a statement. "In this case, after considering the facts of the case, NOAA determined that a written warning was an appropriate outcome."
Photos provided to NBCMiami.com by a witness showed two swimmers nearing the whale the day of the incident, though only one person was seen in a picture on top of the whale. NOAA on Thursday did not say whether the second swimmer was cited.
The day of the incident, witness Margie Casey told NBCMiami.com that she saw two swimmers twice go up to the whale. She said she watched them from her fifth-floor balcony and snapped photos of the one swimmer getting on the whale.
Casey said the whale had been drifting north along the shore, just south of a stretch of beach near the Northeast 14th Street Causeway. Casey said she considered the whale to be alive at the time, because it was flapping its tail. Perhaps the whale was on its "last leg," Casey said in a Dec. 16 interview. "So sad."
A specialist went into the water later that day and determined the sperm whale had died, officials said. The next day, the dead whale washed up around Deerfield Beach's fishing pier. It then was towed more than five miles out to sea to dispose of its carcass, officials said.
The Pompano Beach whale case is among the latest in a series of cases in Florida involving the harassment of animals.
Sunday, a Fort Pierce, Fla., man was arrested on the charge he violated Florida law by illegally playing with and handling a manatee calf, then posting Facebook pictures of the encounter, authorities said. And in November last year, a St. Petersburg, Fla., woman was arrested on a misdemeanor charge of violating state law by riding a manatee, officials said.
NOAA encourages anyone who sees possible violations of the Marine Mammal Protection Act to report it to NOAA's enforcement hotline at 1-800-853-1964. Anyone who sees a stranded, injured or entangled marine mammal may report it to the Southeast Regional Marine Mammal hotline at 1-877-942-5343.


#YOLO #rideamanatee
The whale MUST have been ill to take that kind of sh*t from a person, because last I heard whales are much larger than humans.
I think people should ride him for a while...
And yet the Navy continues to destroy many whales with sonar and nothing is being done about that!
Anyone else remember Star Trek 4 where the Enterprise had to go back in time and bring a whale back to the future to save earth? This guy needs to watch out or an alien whale guardian might kick his rear.
How F ing stupid do you have to be to 'ride' a whale, manatee or whatever??????
Man, the more I see of how stupid people are, the less hope I have for mankind.
When is bald eagle season, again? I figure I can kill 30 of them without reloading.
I'd LOL at that, but it's not funny! Should have tried a diffrent animal like a rapper!
Guess he never read Moby Dick!
bubba, my girlfriend read Moby Dick. He doesn't even show up until the last couple of pages.
How about the Excelsior! It what Moby Dick was based on.
A**hole. Sometimes I think humans are the biggest blight on the planet...well, I think that often, actually. I know all aren't like that...way too many are, though. What an a**.
Dumb, Dumb, Dumb...... Must have a head injury to be THAT dumb.
I wonder if these idiots realized that sharks often feed off dead whale carcasses.
The NOAA deserves a bit of credit for not overreacting; a warning is fair, since it appears that this clown did not injure the already doomed whale. A few idiot citizens are not the problem; it's is the serial corporate & government harassers that are the problem >> e.g., the moron cable channels that have to incessantly harass sharks/whales for the camera, military/naval destruction of marine life, the Japanese whale murder industry, governments agencies infested with corporate criminals who pretend to be environmental protectors while freely allowing the oceans to used as toxic cesspools, etc., etc.
Since government has no intention of stopping the real criminals and genocidalists, perhaps it is time for the people to start making citizen arrests of the real offenders.
Marine mammals are our evolutionary ancestors. They are very intelligent creatures, beautiful to watch, and we should all do more to ensure that their environment stays clean and healthy - for their sake and ours.
I didn't see the footage of this, and from the pictures it didn't look like these guys were trying to harm this whale, so the letter seems appropriate. Education is the key here, should start early on in our schools, about how valuable our wildlife in general is.
Could be he was checking if a golf ball was lodged in the whale's blowhole !!!
;-) ;-)
Doubt he will learn anything from a written warning - a deep dent in the wallet should remind him he was almost a Darwin Award winner.
Napa=Wine=happy. Nuff said.
I heard that the dude got out of prison recently and needed some good lovin' and opportunity came a knockin' Especially after having some wine or a 40.
Should take anthony fishin,about 12 miles out and he's the bait.
YES, Florida!!! Good for that state!!!!!