How in the world can you categorize a professional, registered charter operator leaving divers behind on a dive site as "no foul"? Seriously is that you perspective?
I believe I didn't explain well enough or you misunderstood. Let me try again.
THERE IS NO EXCUSE FOR A BOAT LEAVING A DIVE SITE WITH DIVERS IN THE WATER.
Now, I don't care if the DM ****** up or the captain, or someone else. You can't leave people behind, regardless of how long it takes you to realize the mistake. (And, despite USCG arguments, there really IS a whole side argument here that deals with insurance regulations and industry practice and standard as to who's really responsible. It was an issue that was going to be raised with Drifting Dan but wasn't during the trial.) I know of cases where boats left and went back, I know of cases where boats were radioed by other boats saying "We have the divers you forgot", I know of boats where the divers popped up at the stern just as the captain and crew were securing the swimstep after determining everyone was there.
I used the term "no-harm-no-foul" not to indicate MY position, but to indicate that that seems to be a general attitude of the industry overall. "Nothing bad happened so let's not worry about." Whoever made the mistake will downplay it but more to the point,
NO ONE ON THE BOAT will likely do any follow-up. In other words, if a diver got left, they could file a complaint with the USCG, but - to my knowledge - that's never happened. They could sue whoever the charter operator was (maybe for infliction of emotional duress or something like that) but to my knowledge - other than Drifting Dan and that case was at the extreme end - no one has.
The same thing happens - parallel complaint - when divers run out of air. If nothing bad happens, people don't worry about it. We did. On Reef Seekers trips, our policy is that if you run out of air, you're done diving for the day. Period. No exceptions.
And I'll tell you right now if one of my DMs had ever reported to a captain that we had everyone back when we didn't, they would never DM for me again (at least not without a LOT of retraining) and I would make sure other shops and boats in the area would know why.
So divers have to take some responsibility here for not putting more pressure on the industry as a whole for some of this. Shoddy practices continue when people look the other way, don't hold anyone's feet to the fire (or vote with your pocketbook), or simply shrug their shoulders and say "Well, there's nothing I can do to change that."
It would only be a "foul" if the person dies, and even if they end up dead - it "probably ain't the crew's fault"???.
Not at all what I believe. Not at all what I said.
I'm not attacking you or your considerable expertise in analyzing these situations, but your thought process about these situations is quite different than mine.
I think your understandable outrage comes not from being in attack mode but perhaps because I didn't explain myself well enough or what I said sounds in my head better than it does when someone reads it.
Your thought process on this and mine are probably much more in sync than you think. But I definitely do approach it from a more detached, dispassionate perspective.
- Ken