TYNDALL AIR FORCE BASE — A group of small business owners concerned about the potential impact of a plan to restrict public access to local waterways alleges Tyndall security forces have overstepped the bounds of their authority.
The Friends of Shell Island, a group formed in 2013 in opposition to Tyndall Air Force Base’s waterway security plan, heard from members of the boating public of at least four incidents in which base security forces operated in off-base waters, patrolling waters near Shell Island and detaining a civilian even before the controversial plan is in place, according to the group.
Stephanie Somerset, who leads Friends of Shell Island, filed a complaint alleging base security illegally detained a fisherman last fall.
According to the complaint, military police noticed a boater fishing in Crooked Island Sound on the night of Oct. 1 and waved him to the boat launch. The fisherman complied, and once he stepped onto land the police handcuffed and detained him for two to three hours, during which time his phone, wallet and boat were searched without consent or a valid warrant.
The complaint alleges police threatened him with arrest and asset seizure while he was detained.
The incident amounted to a realization of all the fears of Friends of Shell Island members; it was a peek into the future for boaters worried about public access to the water.
“This is exactly the kind of thing we’ve said could happen,” Somerset said. “It proves that our fears were not unfounded.”
Tyndall public affairs officer Herman Bell confirmed that an incident with a civilian boater did occur and “there was a mistake made,” but he did not provide details or confirm it happened as alleged in Somerset’s complaint.
“There was an incident,” Bell said. “I’m not going to release any details of it.”
Bell also doubted the inspector general would release details from its investigation to Somerset because she filed a third-party complaint; she didn’t witness the events she described in the complaint, and she didn’t identify the fisherman involved, who she said wished to remain anonymous for fear of retaliation.
Bell noted the fisherman had made no complaint in the wake of the incident.
“The fisherman that was there, we have satisfied,” Bell said. “Quite frankly, it’s none of their business.”
Waterway restriction plan: The complaint is the group’s latest move in opposition to what they say is a threat to their livelihoods.
In 2013 in the Federal Register, military leaders quietly released their plan, which would give the base authority to restrict civilian access to many of the area’s most popular boating destinations. When boaters learned of the plan, the backlash was swift, the plans were withdrawn and Tyndall officials promised to revisit the matter in a more transparent fashion.
Later in the year the plan re-emerged with slight modifications based on feedback from the public. In a nod toward transparency, base officials held two open houses to discuss the plan and face the angry boaters who complained of being steamrolled by vague restrictions so vague they could be interpreted as giving base leaders authority to close the waterways permanently without explanation.
The proposal would give Tyndall authority to restrict access to several popular bayous, as well as anywhere within 500 feet of the shoreline along the base. That area is a sweet spot for customers at Sunjammers Watersports, which sells kayaks, often to people who want to fish, owner Brad Stephens said.
“We do like to be in that 400- to 500-foot range because we want to stay clear of boat traffic,” Stephens said.
Tyndall officials explained the waters would be closed only if they received information of a specific security threat, but said that such a threat is unlikely and any restrictions imposed would be limited in duration. Still many citizens remain convinced the proposal is so broad and vague it could be abused.
But those abuses already have begun, said the Friends of Shell Island, which counts more than 50 small business owners as members.
Somerset actually filed two complaints with Tyndall’s inspector general; the other alleges the military police are violating Posse Commitatus, the law that prohibits the military from conducting civilian law enforcement, by patrolling state waters.
Tyndall public affairs officer Lt. Christopher Bowyer-Meeder said Tyndall has vessels that operate in the state-controlled waters off the base’s shoreline, but they’re not conducting law enforcement. Rather, the vessels are monitoring for potential security threats, he said.
If base security were to observe anything that might warrant law enforcement attention, they would call in the U.S. Coast Guard, which has authority to enforce the law on the water.
“We have waterways around our base, and we have to patrol them to keep them safe,” public affairs officer Herman Bell said.
Somerset’s complaints seek the withdrawal of the waterway security proposal until officials provide a written description of the base security force’s policies for interaction with civilians on waters around the base, including arrest and detention policies.
Chilling effect? Bill Molnar, a local fisherman who served 20 years in the military, said incidents like the one cited in the complaint will have a chilling effect on boaters and fishermen. Power perceived is power achieved, he said; if base security forces harass enough boaters, the idea of visiting the areas will lose its appeal quickly — even if their authority over civilians technically ends where the water meets the sand.
“All you need is a few incidents and the perception becomes the reality,” Molnar said. “Just imagine when they get that authority.”
And that ultimately is what Somerset and the Friends are trying to prevent. Somerset’s complaints say the waterway security plan should be considered an “arbitrary and capricious use of discretion,” enforcement efforts by security forces constitute government waste, and that military police are not prepared to exercise the expanded authority the plans would grant.
“This complaint has been filed because, since the regulation was proposed, the Tyndall MP organization continues to act in bad faith toward the civilian public, and as a result have not demonstrated the ability to handle any proposed increase in authority acceptably,” Somerset writes.
The News Herald attempted to interview Tyndall security officials for this report. The interview was not possible, but Bell issued a written statement after reviewing Somerset’s complaints. He said because the anonymous fisherman has not filed a formal complaint, Tyndall considers that incident a private matter and will not release further information about it.
Bell also addressed the approval process for the waterway security proposal.
“Tyndall’s waterway security proposal is currently working through the approval process and is being reviewed by the Army Corps of Engineers. The Corps will post the document after making necessary adjustments, at which point it will once again be open for public review and comment,” Bell said. “Upon notification that the Corps is posting the proposal, we will inform the public through all available means, including public forums, that the document is available for public review and comment. We value the input of all our community members, and look forward to their continued engagement in this important process.”