Angler charged after pulling up diver

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I disagree that any user group has any more "right" to a stretch of water than any other user. We all have an opinion.
Neither has any more "right", but if one group is there first, then they should be able to continue unmolested. The divers would be protected from being approached by watercraft if they were there first by Florida law (provided the had a flag), BUT if the fishermen were there first, divers would not only be rude and selfish by approaching vessels with fishing gear in the water, they would be putting themselves at unecessary risk of getting hooked. Also, both recreational and comercial fisherman can invest considerable effort and money to get to the point where they are anchored and fishing (gas/bait/time) so it is unfair for a diver to approach and disturb the fishing. Many fish species ( especially snapper) are quite "skittish" and will stop feeding a long time after a diver or predator has gone by.

At least this diver had a flag. I hooked and hauled up a diver from 110' while bottom fishing a popular wreck on the Gulf side 5 years ago. The diver started showing signs of DCS before I got him back to his own unflagged vessel. They did not have O2 onboard or an adequate VHF to reach help, luckily I did. We started O2 therapy on him and were able to rendevouz with a Coastie vessel half way back to shore. He was treated without residual effects other than stitches from where the hook tore his skin and a stern lecture about diving without a diver down flag.

When a discussion about divers interacting with fishermen starts on this message board, there are usually a number of wanna-be Mike Nelsons, who like to talk big. How they are gonna take thier big dive knife and cut the fisherman's lines. A 6/O hook can cause severe tissue trauma, and it is not always possible to reach the line that is hauling you up from the bottom. Don't be stupid, Don't **** with fishing lines. Stay away from fishing gear while diving
 
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I was once hooked by a fisherman and pulled to the surface. I was only about 3 ft from the surface when I finally was able to cut the line. Boy was I P.O.'d when I hit the surface. BTW- at this dive site, people are no longer allowed to fish.
 
I can't imagine my response if that's been me...for sure would have involved multiple felonies or a stand my ground response to the attempted murder.
Agreed that the only reason he was even charged was her fed status

unfortunately the stand your ground bit only works on your property -- supposed to be your home - but it's been inferred before to include vehicles
 
Actually, if you are talking about the Florida Stand Your Ground it does not end at your property line. If you are in a place that you reasonably could be expected to be at, like the movies or a park or pretty much any public area you are covered by 'Stand your ground'. If, for example, someone approaches you as you are out walking your duck and they pull a knife and demand your wallet you can pull your side arm and shoot them.

The law was a result of other laws that took the extreme position on the other side such as "can't use deadly force even if someone breaks into your house unless you can prove they were coming after you (as opposed to simply stealing your TV) and you had no other way of defending yourself"
 
unfortunately the stand your ground bit only works on your property -- supposed to be your home - but it's been inferred before to include vehicles
You are 100% wrong

---------- Post Merged at 07:00 PM ---------- Previous Post was at 07:00 PM ----------

Actually, if you are talking about the Florida Stand Your Ground it does not end at your property line. If you are in a place that you reasonably could be expected to be at, like the movies or a park or pretty much any public area you are covered by 'Stand your ground'. If, for example, someone approaches you as you are out walking your duck and they pull a knife and demand your wallet you can pull your side arm and shoot them.

The law was a result of other laws that took the extreme position on the other side such as "can't use deadly force even if someone breaks into your house unless you can prove they were coming after you (as opposed to simply stealing your TV) and you had no other way of defending yourself"
You are 100% right

Florida Statute 776.013 section 3 states "A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."
 
BOB PERHAPS YOU CAN HELP ME HERE . WHEN I first started ( we started) i remember the guidence on use of dive markers was to never tie off to the line in case a passing boat snagges it and pulls you up. it was always one buddy toes the flag and the other navigated or what ever. Has that changed to say ok to tie off to the flag line.?

This is why I won't use a dive flag except for classes (where I have to), and only in very protected waters where boaters don't generally go. Dive flags are dangerous, because there is little to no enforcement against boaters who choose to violate them. And as often as not, dive flags don't warn boaters away ... they attract them. Until that changes, laws requiring their use are only endangering divers.

If this woman had not used a dive flag, this accident would not have happened.

... Bob (Grateful Diver)
 
Time to strap on my Mike Nelson pig sticker again

Would a Mike Nelson underwater flare burn hot enough to put a hole in the boat?
 
Would a Mike Nelson underwater flare burn hot enough to put a hole in the boat?

Mike Nelson would have swung up onto the boat, grabbed his underwater pig sticker, and cut the fuel lines going to the engines. When the old guy started wrestling with Mike, they would have danced around the deck for a minute, then they would have both fallen overboard. Mike would have grabbed the line from the dive float, wrapped it around the neck of the old guy 3 times, and let his body slowly sink to the bottom, towing the surface marker with it.

That's what Mike Nelson would have done, but we're talking a 105 lb scientist girl, here.
 

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