Dive Flag Law Again!!

[bobby-in-mass]

o.k. here we go again....
has anyone done a check on the number of lobstor pots up there?
how about how many lobsters the commerical lobstermen catch each year?
and the number of lobsters divers catch?
so the numbers speak for themself...the lobstermen have nothing better to do then blame the divers for THE OVER FISHED WATERS BY THE LOBSTERMEN THEMSELFS!!!
THEY CREATED THERE OWN PROBLEMS AND ARE LOOKING FOR ANY WAY OUT BUT THE TRUTH...
we as divers and anyone with any brain can see if every diver must carry a flag DIVERS WILL GET HURT IF NOT KILLED.
so when the first of many divers are found dead with line around there necks......then what???
maybe the lobstermen need to admit they are there own problem...
so I ask you this:
If I ever drown from the billions of lines strewn about...
please clean out every trap up there out and sell the lobsters.. give the money to my little girl....

 

[LobstaMan]

As I mentioned in my previous post, the law as currently INTERPRETED (I didn't say written) is discriminatory and unsafe. The people responsible for the current interpretation are the lobstermen and the city council. While the City council is responsible for enacting laws, constitutionally, the courts are responsible for interpreting them, and I'm pretty sure that lobstermen are not mentioned anywhere in the constitution. The only way to truly put this issue to bed will be for someone to get cited for a violation, fight it in court, and let a judge interpret the law for what it actually says.

Exactly, I couldn't agree more. The only interpretation that matters is a judge's, expecially an appeals court judge's opinion. However, you'd probably start out at the district court level w/ a magistrate's hearing, followed by an appeal in front of a judge then the appeals level.

It is my understanding that this would be a civil fine, not a criminal violation...can anyone confirm that? Some towns have a by law written in that any violation of an ordinance is also an arrestable offense--like the open container ordinances all towns have.

If someone does get a ticket/fine for this Gloucester ordinance violation, please post the info here. I'm sure we might have some scuba diving attorney/s who would take the case pro bono or at least offer some good advise on how to proceed pro se. Hopefully, it won't come to that, but it now does seem inevitable.

LobstaMan

 

[Lursxt]

I was out at folly today and did not see any law enforcement personnel. I parked at folly with no issues. I did not see any warning signs on posted notices. I know folly borders Gloucester, so I'm not sure if its applicable.

 

[eab]

I was out at Niles last weekend, and the Environmental Police were standing on the shore, hurrying us to come in. There were two; one spoke, the other not a word. They were mainly interested in whether we were lobstering and checking our coolers. We were not, and allowed it. The talking one advised us of the law, but said he wasn't enforcing it. I assumed he meant ever, but perhaps he meant that particular day.

There was no mention of a fine or the exception for O/W classes someone else mentioned.

Yesterday we were at Old Garden, and while we saw Environmental Police, not one came near us to check for lobsters or flags. We had a group of 4 with 2 flags. Maybe two flags clustered together was enough to make them think each of us had one?

I've checked the law, and it states "unless the harbormaster grants permission to do otherwise" in the Diver's flag section. Looks like that's the place to start.

Eileen

 

[a1a9]

The "revised" flag law only applies to Gloucester, Old Garden is in Rockport. It will be interesting to see if Rockport also adopts this "Law".

 

[oceancurrent]

Ahh. These Gloucester "laws" scream out "we love divers".

Personally, I am not going to risk getting entangled in a soup of dive flags and drown, so I have no intention to abide by their friendly "law". I am not going to stay 25' away from traps/lobstermen either because this is impossible. I don't have time to jump hoops with the harbor master either, so I am simply not going to abide to this "law" - take that lobstersmellingchickenbrains. So far, I haven't been catching lobsters or touching anyone's traps (I don't care about lobsters; I am a peaceful diver), but if they insist on harassing me or my fellow divers, I may as well change my position on this. It's never late to buy a "101 Ways to Have Fun with Lobster Traps" booklet and go for a fun dive in Lanes Cove

I am very curious as to which professional diver will the Gloucester buoys bring to court as an expert witness to say that howling multiple flags in a group enhances diver safety.

 

[ClamBake]

Call me at (617)542-4884. I'd be happy to take this case on . . . pro bono!!

Law School Tuition - $$$$$$$$$
Decade+ working for "the man" - !#*@&!
Starting your own firm with friends -
Opportunity to stick it to Gloucester :rtfm: . . . and stick up for divers :luxhello: - PRICELESS!!

- Rob Brennan

www.bdlw-law.com

 

[SteveAD]

Call me at (617)542-4884. I'd be happy to take this case on . . . pro bono!!

Law School Tuition - $$$$$$$$$
Decade+ working for "the man" - !#*@&!
Starting your own firm with friends -
Opportunity to stick it to Gloucester :rtfm: . . . and stick up for divers :luxhello: - PRICELESS!!

- Rob Brennan

www.bdlw-law.com

Glad to see you step up Rob. I will continue to dive one flag per group, and I will now hope to get cited for my violation so the ball to overturn this BS interpretation can be got rollin'.

 

[STOGEY]

Correct on both counts. In Maine lobster is taken only by trap. There is no state flag requirement. Some local ponds and beaches do request them. In most of these cases there is enough boat activity to make it prudent anyway.

Sounds like I had better finish by web page about the 12+ nice dives between Kittery & Cape Elizabeth. They all include parking without peril as well.

While you do hear stories of lobster men being paranoid of divers I have never had an encounter.

That really stinks to have that sort restriction on your local diving. Little by little shore access is being restricted. A number of our sites have parking restricted to locals by permit in peak months. But when storms give the coastal hamlets a beating they have their hands out for the FEMA money that I put in the till. The amount of shore line that NH has managed to set aside as accessible is heartening, too bad the diving there wasn't notable.

Pete

That's why I hate liberals. They are all jerks. They want to make laws for everyone but themselves. I'm so tempted to bring a little fake rubber lobster with me the next time I dive and put it in a trap, with a note with love from one lobsterman to another.

 

[Dash_Riprock]

That's why I hate liberals. They are all jerks.

Yikes!!:11: