Dive boat operators face charges of illegally feeding sharks in state waters

[tropicalson]

Wow....Interesting development. I had just heard a whole lot of buzz going on in the local dive industry, about how new divers on the Breakers Reef, were now being buzzed by sharks that were assumed to have been fed by Calypso....whose divers had been seen spearing jacks to feed to sharks on the Breakers Reef--clearly about the most irresponsible place a charter like Calypso could choose to do a shark feed....not to mention to even allow it's divers to be shooting a bunch of jacks....this is a 40 to 55 foot beautiful dive, sort of a baby dive though, ideal for novices or anyone wanting a relaxing dive....it is no place for spearfishing or shark feeds, and you don't need a law to know this......
I suppose it would have been worse if Calypso had done the shark feed at the BHB Marine Park....maybe

Jordan has been warned by many of us, spearfisherman feeding sharks , will alter shark behavior for the worse. These are opportunistic feeders, they are much smarter than had been previously thought, and Randy's shark feeding/spearfishing dives have changed shark behavior in Jupiter waters, according to a very large number of regular divers to the Jupiter area. As far as I had heard though, Randy had been doing this in the deeper water by the Hole in the Wall, more than 3 miles out--so it was legal, even if not intelligent. Randy was making a fortune on these dives, bringing every cowboy diver that wanted an insane youtube video, to a crazy shark encounter.....I guess it was only a matter of time before GREED pushed a boat like Calypso into trying this stupidity on the Breakers Reef.... Wow!!!!

Thank you. Your point is very well made.

 

[MrChen]

Every time someone posted about it, they always said they were in international waters. I guess not! A couple of weeks ago, 1 minute into a dive, a diver speared a lionfish. I didn't see it, but a lemon took it. Half way through my dive, this lemon swam very close to me and even closer to another diver. It didn't act threatening towards us, but it was around. At the end of my dive, we were ahead of everyone and it was coming from behind us and was circling back around. We just deployed our SMBs and did a slow ascent. But the point is, this shark got a handout, and hung around swimming up and down the reef among the divers looking for another one.

 

[LowVizWiz]

Doh!

http://www.scubaboard.com/forums/fl...es-illegally-feeding-sharks-state-waters.html

Duplicate threads

 

[aue-mike]

As far as I had heard though, Randy had been doing this in the deeper water by the Hole in the Wall, more than 3 miles out--so it was legal, even if not intelligent.

Not necessarily. His vessel does not have permits to harvest or possess snapper grouper or pelagic species in federal waters. So those videos of him feeding sharks in "federal" waters using jacks and certain other species would also be illegal.

 

[Wookie]

Not necessarily. His vessel does not have permits to harvest or possess snapper grouper or pelagic species in federal waters. So those videos of him feeding sharks in "federal" waters using jacks and certain other species would also be illegal.

There is a definition of harvest, possess, take, land, and otherwise kill fish. Does killing of fish managed under South Atlantic reef fish, or South Atlantic pelagic species permits and feeding them to sharks for the enjoyment of tourists fall under the definition? What about the killing of non-game species such as angelfish or surgeon fish or grunts?

 

[sportxlh]

Thanks for the 'heads up'.

While 60 days in jail would deter me from doing just about anything, the $500 fine seems kinda light given the revenue raised from the shark feeding dives. Insurance companies usually conduct periodic background checks and they probably won't like the misdemeanor if folks are convicted. Maybe that will be a further monetary penalty if insurance is dropped or becomes more expensive.

Shark feeding at the Breakers is plain stupid, if true. However, in Jupiter I can see how it might have happened in state waters by accident. A common shark feeding site in federal waters was just a few hundred feet from a site in state waters known as Center Street and it would have been easy to drift over. I'm not justifying shark feeding, just saying it would be easy to slip from federal to state waters.

 

[danvolker]

Thanks for the 'heads up'.

While 60 days in jail would deter me from doing just about anything, the $500 fine seems kinda light given the revenue raised from the shark feeding dives. Insurance companies usually conduct periodic background checks and they probably won't like the misdemeanor if folks are convicted. Maybe that will be a further monetary penalty if insurance is dropped or becomes more expensive.

Shark feeding at the Breakers is plain stupid, if true. However, in Jupiter I can see how it might have happened in state waters by accident. A common shark feeding site in federal waters was just a few hundred feet from a site in state waters known as Center Street and it would have been easy to drift over. I'm not justifying shark feeding, just saying it would be easy to slip from federal to state waters.

It is about to come on channel 12 news......there was just a preview

---------- Post added March 20th, 2014 at 05:28 PM ----------

The TV news just showed the video.....there were undercover LEO's on the dive boats, and there is uw video proving the behaviors....Looks like a Big Move against Feeding Sharks on the Breakers, at the very least!!!!...!!!

 

[tekkydiver]

From Emerald Charters Facebook page.....

On February 8, the FWC placed 2 undercover divers on the Emerald. They tracked us with a land based radar and video taped our Lemon Shark encounter. Lt Dave Bingham just met with me and gave me a ticket for feeding sharks in state waters. They determined I was 367' off the line. Regardless, I am cited and will have to go to court. First of all, please let anyone know about this that wants to enrich their soul by celebrating my misfortune. I am still feeding sharks and educating divers about sharks. I'm sure after the press release and subsequent interviews , I will be more booked so talk it up! Come see us soon.

At least he's remorsefull....lol.

Here's what is on Calypso Dive Charters has on their FB page....

Calypso Dive Charters may have just taken Palm Beach County shark diving to the next level. Will Tiger Sharks become routine here???

If we start getting Tiger Sharks on a weekly basis, Palm Beach County diving has just gone to the next level:

 

[The Chairman]

Somehow, I think this little sharky warky has been fed by humans. Look how it attacks the spear point.

 

[aue-mike]

There is a definition of harvest, possess, take, land, and otherwise kill fish. Does killing of fish managed under South Atlantic reef fish, or South Atlantic pelagic species permits and feeding them to sharks for the enjoyment of tourists fall under the definition? What about the killing of non-game species such as angelfish or surgeon fish or grunts?

At a glance, 50 CFR 622.38 outlines the requirements of landing fish intact and the definitions of bait. Sure, sharks can take a speared fish but this is intentional spearing of fish and then intentionally using it as bait. There have been past cases made on commercial boats using undersized fish and other managed species as bait, and while the gear and utilization is a bit different in this situation, the end result is not so much.
Outside of the shark-feeding issue, recreational spearfishing apparently occurs on the vessel in question, activities which may or may not occur in federal waters. If they do, then that issue is pretty cut and dry IMHO.
DISCLAIMER: this is my sole personal opinion, and does not reflect that of any other entity or agency. Furthermore, I am not a lawyer.