I haven't seen any other charter owners/captains respond yet, so here I go.
I do not allow smoking, spearfishing, or taking, of any kind on our boat. Make no mistake in my wording here, there is only one person in charge of the boat, the Captain. If the Captain speaks, it is law. And that is every boat, not just mine. The other reason is insurance. My insurance bill is near $3000 a month. If I allowed spearing (and smoking) the cost would nearly double. Yes, I said three thousand a month.
Only 30% of the Kona coast is closed to fish collecting and I hope to see COMMERICIAL spearfishing banned, and all spearfishing on scuba banned completely, and here is why:
In a few hours of scuba diving and spearing at night, one diver can (and has) wipeout a species in a given area. This is a specific target zone I am talking about. Fish sleep, and hunting a sleeping fish is wrong, no matter if you are commericial or sport.
Some also nest. For example, the 'Fine Scale Trigger' (approx 20-30lbs) female will "sit" on her nest for 12-16 hours until her eggs spawn. She will not feed during this time so she will not be caught by line and hook, and she will not leave her nest. Her male will defend the territory against preditors. This makes them exceptionally easy prey for a spearo. This is only one example.
This philosophy of 'no hunting on scuba' was brought to my attention by the local spearfishing shop owner. He does not allow or advocate hunting on scuba either, and he owns the shop.
Many fish are unfairly killed by the uneducated spearo. By uneducated I mean those who do not reasearch and clearly understand the animal that they hunt. The Trigger that I mentioned above, and sleeping fish, are only one example.
From the original post, it was stated that the diver didn't know in advance of the boat policy. I have two comments here:
1) It was YOUR responsibility to ask in advance.
2) If somone cancels on my boat for any reason, and the charter is not soldout, I refund the full ammount of the charter to that person, because I couldn't fill that seat anyway. However, if the charter is soldout, your cancellation has cost me a charter diver, you pay the full ammount. It is all clearly stated in the paperwork and on the website.
As for the individual who mentioned the whale ride, riding is wrong. Especially riding of mammals. If I witnessed someone doing that I would turn them in.
I used to hunt, then one day I stopped, I couldn't kill them any longer. That was 6 years ago. Now I hunt with a camera. I shoot video of aquatic behaviors. I have friends that hunt, we help each other with an understanding of the ocean realm for both hunting and conservation purposes. My videos are used (for free) for underwater education in the local school system and for underwater education on local television (also for free).
Matthew J D'Avella
Dive Makai Charters
Kona Hawaii