SA man Jim Murray Smith fined $2000 for close encounter with whale in July 2011 A MAN who rode his jet ski too close to two whales has been fined $2000 for letting his "enthusiasm and wonder" get the better of him. Jim Murray Smith, 30, of Brighton, faced the Christies Beach Magistrates Court today. He pleaded guilty to one count of moving a vessel closer than 300m to a protected species - a Commonwealth offence that carries with it a fine. In a plea bargain deal, Commonwealth prosecutors dropped a second charge of moving a vehicle closer than 300m to a protected species. In September 2010, Phillip Kluske became the first South Australian convicted of such an offence and was fined $4000 after striking a whale with his boat near Victor Harbor. Court documents had alleged Smith rode a powered jet ski within a 300m radius of two whales off the coast of Port Noarlunga in July 2011. Today, lawyers for Smith said their client had not been engaging in reckless conduct. Magistrate Brett Dixon agreed, saying the offence was at the lower end of the scale of seriousness. "Your enthusiasm and wonder of these animals got the better of you," he said. He recorded a conviction and fined Smith $2000.