Just to clear up some of what I saw.... We saw the "other boat" on Stetson bank on Friday morning and and one of my divemasters reported to me that he saw the divers from that boat enter the water with spearguns. I had spoken to the owner of that boat when they pulled up (they were respectful of our divers in the water when they arrived) and told them that they would see large lobsters, big grouper, and a big sandbar shark in the water, and that the sandbar shark would charge, but would turn away if the diver held their ground. Amy thanked me, and I reminded her that they were in a sanctuary, and the lobsters were protected. After the owners were observed getting in with spearguns, I notified the deckhand of the other boat that possession of spearguns on the boat is a violation, and that they were not allowed to do anything but transit the sanctuary with spearguns onboard. The divers were observed by the sanctuary naturalist diving with their spearguns in their hand, as in spearfishing, as opposed to being clipped on their BC's, as in merely carrying them "for protection". He was unable to determine if the guns were cocked or loaded. I observed the spearguns being handed up to the deckhand. As I left Stetson, the owner of the other vessel hailed the Fling, and I only heard that they were carrying "toothpicks", not spearguns, and that they were for protection. I had a phone call at the time and was unable to hear the rest of the conversation.
Saturday morning the Fling and the Spree arrived at the West Bank. As I had been following this thread, I knew that the sailboat was there to dive, and we did not hail them as we knew that they were diving. We did hail another sportfishing boat to see if they were going fishing, or if they were staying and diving. They responded that they would go fishing, and shortly left the buoy. The Fling captain repeatedly attempted to hail the other vessel by VHF radio to ask their intentions. They recieved no response. Then the Fling attempted to get someone to answer the radio by shining a spotlight at the other vessel to get their attention. No response. They then tooted their airhorn (I wouldn't call it a blast, but will accept that at 6 AM a toot is as big as a blast) and finally got someone to answer the radio. The Fling captain was informed that, in no uncertain terms, the divers on the other vessel would be making a 9 AM dive, and that they really didn't like being woken up. The Fling captain apologized profusly, and tied off to my stern.
Our standard procedure in this case is to wake up the captain of a fishing boat tied to the buoys and ask if they are fishing or diving. In most cases, the fishing boat is there to rest, and they leave to go fishing at daybreak. In this case they were there to dive, and no other communication took place between the Fling and the other vessel. The owner did call me before he left to offer that next time, we could just tie off to the stern of his vessel. I did inform him that the offer would have been nice at 6 AM, not at 9:30, but was welcome in any case.
As the major user of the sanctuary, I am fully aware that the mooring buoys are first come, first serve. History has told me that fishing boats in the sanctuary are typically not there to dive, but to fish. Most do not fish on the reef caps, because the reef fish have ciguatera poisoning. That is why we tend to wake up the folks on fishing boats.
Provided here are regulations for implementing the National Marine Sanctuary Program (subparts A through E of Title 15, Chapter IX, Part 922 of the Code of Federal Regulations) and regulations applicable specifically to Flower Garden Banks National Marine Sanctuary (subpart I). Subparts A through E cover the mission, goals, and special policies of the National Marine Sanctuary Program; definitions of terms used in the regulations; the effect of National Marine Sanctuary designation; site evaluation list; sanctuary designation procedures; development and implementation of sanctuary management plans; and regulations of general applicability to all sanctuaries. Subpart L establishes the boundaries, prohibited or otherwise regulated activities, and permit procedures and criteria for Flower Garden Banks National Marine Sanctuary.
Specifically regarding fishing is:
Subpart L--Flower Garden Banks National Marine Sanctuary
Sec. 922.122 Prohibited or otherwise regulated activities
(5) Injuring or removing, or attempting to injure or remove, any coral or other bottom formation, coralline algae or other plant, marine invertebrate, brine-seep biota or carbonate rock within the Sanctuary.
(6) Taking any marine mammal or turtle within the Sanctuary, except as permitted by regulations, as amended, promulgated under the Marine Mammal Protection Act, as amended, 16 U.S.C. 1361 et seq., and the Endangered Species Act, as amended, 16 U.S.C. 1531 et seq.
(7) Injuring, catching, harvesting, collecting or feeding, or attempting to injure, catch, harvest, collect or feed, any fish within the Sanctuary by use of bottom longlines, traps, nets, bottom trawls or any other gear, device, equipment or means except by use of conventional hook and line gear.
(8) Possessing within the Sanctuary (regardless of where collected, caught, harvested or removed), except for valid law enforcement purposes, any carbonate rock, coral or other bottom formation, coralline algae or other plant, marine invertebrate, brine-seep biota or fish (except for fish caught by use of conventional hook and line gear).
(9) Possessing or using within the Sanctuary, except possessing while passing without interruption through it or for valid law enforcement purposes, any fishing gear, device, equipment or means except conventional hook and line gear.