HELP: Catalina's Casino Pt. Dive Park and Charter Fishing Boats

[drbill]

I forwarded your post to the owner and weekend captain as well as Davy's Locker(which the captain also manages). I'm glad to see it did some good. Most of the replies on the fishing boards were negative toward me. I guess they couldn't read the Dr. Bill sig at the bottom, or the top line that mentioned it was a repost from scubaboard. A few replies stated that the owner of the Freelance is a very decent guy who is proactive in the environmental movement and is doing what he can to protect the fish stock. Unfortunately, I also received many replies stating that dive boats frequently anchor next to fishing boats, so turnabout is fair play.

I recently sent my direct e-mail to the owner and his captains as well. Thanbks to you and others we are seeing some signs of action.

Please clarify that the post is not yours... I'll take the heat.

If the owner truly is "proactive," I expect we will see some changes in the boat's operation out here. There is no indication he is aware of this or previous incidents. I like to be optimistic.

Bill

 

[wall2wallanimals]

Hey Dr. Bill,

I want to help anyway I can. Please let me know the latest in the proactive stand.

Thanks,

Kirstin

 

[Reeveseye]

Most of the replies on the fishing boards were negative toward me. I guess they couldn't read the Dr. Bill sig at the bottom, or the top line that mentioned it was a repost from scubaboard.

Although I applaud Max’s efforts to raise awareness of this problem within a fishing community’s forum, their negative response is hardly surprising. If a fisherman joined Scubaboard for the sole purpose of complaining about the conduct of divers, I doubt he’d get any warmer of a reception from us. Considering the often-adversarial relationship between the two sports, getting a cold reception when you walk into the “enemy camp” is to be expected.

That being said, the poster named "Baja dreamer" has some aggression issues to work out. I thought his advice to go hug some kelp was kind of funny, though. I think I'll paraphrase and steal his sign-off.

DIVE HARD!

 

[MaxBottomtime]

I was told Norris Tapp is a standup guy, and this reply he just posted agrees with that assesment.


Dr. Bill

My name is Norris and I was, in fact, the Captain of the Freelance on Sunday.

First, I would like to apologize to you and any of your associate divers for my action on Sunday. I want this situation "put to bed". I, personally, will not be the instigator of any such activity in the future. It was a terrible misjudgement on my part. Neither my crew, passengers nor Davey's Locker should be held accountable and don't deserve any current or future criticism as you suggested.

I have spoken to the Avalon Harbor Department and the rules of anchoring in that particular area have been specifically detailed to me. I assure you that the discussion I had with their representative will be imparted to all of our Captains here at Davey's Locker.

As for the interaction between sportfishing and diving, both sides need to be more tolerant and understanding of the other. We both have the desire to undertake our endeavors afforded us by the ocean that is here at our disposal.

Please accept this as a formal apology for my encroachment. If you wish to discuss this issue, please give me a call at (949) 673-1434 daily, or provide me with your name and phone number (both of which were conspicously missing on your ALLCOAST post, deliberately or otherwise), as I would gladly discuss this or any outstanding or unresolved issues with you.

Respectfully submitted

Norris Tapp

 

[Reeveseye]

Dr. Bill:
I’m curious about a couple of things. Exactly what law is being violated? I researched the Avalon Municipal Code, and the best code I can find to suit this violation is this one:

Sec. 10-2.202 Mooring Places: Approval.
It shall be unlawful to moor or anchor a vessel in City waters until such anchorage or mooring place shall have been first approved by the Harbor Master.

Is this the only rule being violated, or is there some sort of state law that also applies to how far off the boats must be from the park boundaries? If so, perhaps a call or letter to the appropriate state enforcement agency would help.

And what is the exact legal status of the dive park? I could find no mention of it in the Avalon Municipal Code. It’s almost as if it’s just a large area that’s been buoyed off by the harbormaster. It’s not a part of the marine preserve as defined in the A.M.C. (which only defines Lover’s Cove and the area south of the mole as a preserve). But ever since I started diving, I’ve been told that nothing can be removed from Casino Point. No fishing, lobster hunting, etc. So whose rule is this if it’s not defined in the A.M.C.?

The reason I’m wondering about this is that I don’t like the idea of Casino Point being nothing more than a de facto marine preserve. What would it take to make it a real one? That would give it even more protected status at the state level, wouldn’t it? If a boat anchored next to the USC Wrigley Preserve near Two Harbors and started throwing lines into it, they’d get fined so hard they wouldn’t know what hit them. Or even if we can’t get it protected as a state preserve, is there any chance of getting Avalon to extend its definition of the city preserve to include Casino Point as well? If it was specifically defined on paper, that would also solve the problem of its occasionally shifting boundaries, which you've mentioned in other posts.

 

[drbill]

Thanks for posting Capt. Norris Tapp's apology, MaxBottomTime. I just finished reading his reply to my e-mail and graciously accepted his response. An apology goes a long way in my book and I'm willing to accept him at his word.

Don Brockman, the owner was (perhaps somewhat understandably) a bit more defensive in his response to me. He suggested I couldn't prove any of my allegations, but between the video I've shot over the years and the high standing of several witnesses to the events I outlined, it would be a "slam dunk" (and not as Tenet suggested re: Iraq).

My suggestion is to let this one cool now. The message has been received by the owner and captains. Future actions by the vessel and its crew will determine the sincerity of their intentions. If all goes well, great. If not, we'll keep due vigilence and document transgressions SHOULD they occur.

For the time being let's just enjoy diving (and fishing).

Thanks to everyone for their help.

Dr. Bill

 

[drbill]

Dr. Bill:
I’m curious about a couple of things. Exactly what law is being violated? I researched the Avalon Municipal Code, and the best code I can find to suit this violation is this one:

Is this the only rule being violated, or is there some sort of state law that also applies to how far off the boats must be from the park boundaries? If so, perhaps a call or letter to the appropriate state enforcement agency would help.

And what is the exact legal status of the dive park? I could find no mention of it in the Avalon Municipal Code. It’s almost as if it’s just a large area that’s been buoyed off by the harbormaster. It’s not a part of the marine preserve as defined in the A.M.C. (which only defines Lover’s Cove and the area south of the mole as a preserve). But ever since I started diving, I’ve been told that nothing can be removed from Casino Point. No fishing, lobster hunting, etc. So whose rule is this if it’s not defined in the A.M.C.?

The reason I’m wondering about this is that I don’t like the idea of Casino Point being nothing more than a de facto marine preserve. What would it take to make it a real one? That would give it even more protected status at the state level, wouldn’t it? If a boat anchored next to the USC Wrigley Preserve near Two Harbors and started throwing lines into it, they’d get fined so hard they wouldn’t know what hit them. Or even if we can’t get it protected as a state preserve, is there any chance of getting Avalon to extend its definition of the city preserve to include Casino Point as well? If it was specifically defined on paper, that would also solve the problem of its occasionally shifting boundaries, which you've mentioned in other posts.

John- The mooring cans that help define the boundaries of the park contain signs that read it is illegal to anchor a boat within 300 feet of the Dive Park (exact wording will require another look). The Freelance violated that... and twoo f the signs were within a few tens of feet of the vessel. As I said, the captain involved apologized and I'm willing to accept that apology.

Technically (or legally if you prefer) the Dive Park is not an official marine reserve. The dive community has self enforced no take inside it for decades. It was part of an application the City was making to the State under the Marine Life Protection Act, but the MLPA got waylaid by the political influence of the fishing interests and the State budget crisis.

To be officially sanctioned and enforced by CDF&G, any reserve must be part of the State system. My understanding is that local authorities cannot supercede the powers of the State (I hope some legal eagle will prove me wrong here). There have been several efforts to get expanded reserves declared around the island (including Casino Point), but this would take a fair bit of political pressure from divers and the general public as well as the scientific advisory committee for the MLPA.

I hope all this is accomplished in my lifetime. Of course I could always move to some "third world" country like Bonaire where such protections are rigidly enforced! Hmmm... I do like Dutch dive buddies of the female persuasion!

Dr. Bill

 

[normantr]

As someone who posts on both Allcoast and Scubaboard, I feel the initial negative response to this post on Allcoast was due to the underlying tone that all fisherman are careless and destructive and do not care about conservation. But if you read all five pages you will see that there are many who agree that the Freelance was in the wrong. If we are to generalize, then all divers must be poaches as those in LJ who speared that Black Sea Bass. Instead of fighting each other, we should work together, after all we both take enjoyment from what the sea has to offer. And if we are not careful, some environmental groups will take away not only our right to fish in many coastal water but also our right to dive, as some view diving as a sport that disturbs the natural environment just as much as fishing. I am not saying that both sports do not have their problem individuals, after all the sportfishing society and diving society are just that, societies. And all societies have their good and bad eggs. What I am saying is that we need to work harder at working together ang getting along to ensure the future of both sports.

 

[drbill]

Normantr- My initial e-mail was directly primarily at the Freelance which has had a long history of violations here on Catalina. Two other vessels were mentioned since they also have been observed in violation. However, it was not suggested that all fishers are irresponsible and don't care.

In the 1980's I worked with the Salmon Fishing Association in northern California. They were trapping wild salmon as they journeyed up river to spawn, and using the milt and eggs to enhance hatchery production in an effort to repopulate the wild stock. While there are some problems with this approach, I felt they took a proactive position.

There are fishers who are active in the conservation of many other species as well. Working with them is important for all of us. Trying to educate the rest in effective ways, with the help of fishers who understand the problem, is also important.

As has been pointed out, there are divers who violate the laws (poaching of abalone and lobster locally as an example) and there are fishers who do so. Then there are many in both "camps" who live within the laws.

Dr. Bill

 

[jetfixer]

As someone who posts on both Allcoast and Scubaboard, I feel the initial negative response to this post on Allcoast was due to the underlying tone that all fisherman are careless and destructive and do not care about conservation. But if you read all five pages you will see that there are many who agree that the Freelance was in the wrong. If we are to generalize, then all divers must be poaches as those in LJ who speared that Black Sea Bass. Instead of fighting each other, we should work together, after all we both take enjoyment from what the sea has to offer. And if we are not careful, some environmental groups will take away not only our right to fish in many coastal water but also our right to dive, as some view diving as a sport that disturbs the natural environment just as much as fishing. I am not saying that both sports do not have their problem individuals, after all the sportfishing society and diving society are just that, societies. And all societies have their good and bad eggs. What I am saying is that we need to work harder at working together ang getting along to ensure the future of both sports.

well said, normantr!