What more would you do?

[SOFDiver]

I just posted the following on in the Venice Fossil Divers forum. What more if anything should I or could I do? Also, have info that this same fellow is taking paying pasengers dispite having no license of any kind, using the "friend" subterfuge. The guy is known in the area had has rep as an ahole.

While no one owns the Gulf of Mexico or
any body of open water, there has always been convention of common
courtesy. On Sunday 06/10/12 I was running one of our usual fossil
dives off Manasota Key with 10 divers aboard. As I was positioning my
vessel to drop anchor on a dive site a I noticed a private boat
approaching at considerable speed with its dive flag flying. This
vessel came within 100 feet of me and dropped a diver into the water.
After I anchored the Hammerhead, the operator of this 25 foot Proline
(FL 7091 HA) pulled his vessel in front of mine and dropped anchor so
that he was less than 150 feet off our bow. During the course of this
dive, my divers had to pass under this vessel to stay on the fossil
bed I was positioned on. While there was nothing illegal about the
behavior of the operator, who I later learned is a fellow by the name
of Gary Nodler, it was certainly discourteous and potentially
dangerous. As a matter of fact when pulled up on my anchor to leave
the area, the Hammerhead was directly abeam of the Proline 50 feet on
the Port side, and one of Mr. Nodler's divers surfaced within feet of
me while I idled out of the area. I have to add that this same
vessel pulled up very close astern earlier it the day on another
site, I suspect to capture the position of that dive site. As a
commercial dive boat it is not unusual for this kind of thing to
happen to us, but this incident was unusual due to the obvious
discourtesy and disregard for potential safety issues. We often just
let this things go, but this activity required this call out. The
Venice dive community is quite small and is usually very friendly,
but this is the kind of thing that causes problems for us all.

 

[hark]

Not much more than letting everyone know.
If people are put at risk with this guy, weather its his people are another vessel's people, the USCG should be notified.
Do not like that idea, but would rather then see someone get hurt.

not judgeing just saying

 

[gnominic]

Yeah, there's really nothing much you can do. You might video the guy in hopes that he will break the rules, like approaching within 50(?) ft of your dive flag. I think 50 is the rule in FL. Then turn it over to the state po-pos.

The Coast Guard isn't going to care too much about his discourtesies, but if he's actually taking paying passengers they might at least question his practices and license (if he has one).

There's a fine line between taking friends and splitting expenses and taking passengers for hire. Not sure exactly where that line is, but don't expect the coasties to crack down on that practice any time soon (I hope they don't!).

Give the guy my contact info and I will teach him how to steal your numbers without making a close approach... :-/

I think you did the right thing, the only thing you can do. Be courteous to others and hope for the best. You're not responsible for how others operate their boats.

Good luck. Leave some fossils out there for us. We're coming again in April.

 

[keyscapt]

I'm sorry, I hate guys like this, and wish there was a better way to deal with them. They can't be bothered to follow licensing rules the way the rest of us do, and they can't get dive site locations in a legitimate way either. No insurance, probably no first aid, AED, O2 and other essentials either. When someone pays the ultimate price, this guy will probably just disappear with no responsibility.

 

[gnominic]

I'm sorry, I hate guys like this, and wish there was a better way to deal with them. They can't be bothered to follow licensing rules the way the rest of us do, and they can't get dive site locations in a legitimate way either. No insurance, probably no first aid, AED, O2 and other essentials either. When someone pays the ultimate price, this guy will probably just disappear with no responsibility.

I'm not a believer in the automatic astronomical value of our license. When the coast guard abrogated their responsibility to exam license candidates and allowed the schools (license mills) to start selling them, I gave up on the inherent value of the credential. You don't have to look far in a group of license holders to see that there's plenty of license guys out here doing a terrible job too.

If the guy is operating without a license he's an idiot, not because the coasties might catch him (they won't) but because he's doing it without liability insurance.

Like I said before, there's a fine line between splitting expenses and operating a charter. I don't know where the line is. I do know that without expense sharing there would be many many fewer people able to leave the shoreline. If you really think there is someone carrying passengers for hire then you should call the coast guard. Don't call the watchstander on the radio, but call the closest MSU and talk to an actual investigator. You should, however, have more than hearsay to give him. "I heard that guy does it..." makes you sound like you're just out to get the competition.

The real action you should take is to have YOUR divers follow the rules. EITHER stay within 50 ft of the boat or carry a float-flag with them. If you photograph a boat within 50 ft of a dive flag I know the FL guys will track the guy down. If they can prove the distance is less than 50 ft they will issue a citation. If they can't prove it, they will talk to the guy and make sure he understands the rules. They are pretty aggressive about those flags in FL.

 

[Wookie]

The law in Florida is within 300 feet of a dive flag the underway vessel must reduce to idle speed. You may speak to the local MSO or investigations office, but without proof, the investigators won't do much. They have real issues to go track down and unless someone gets hurt on the charter, the issue isn't real enough. Sometimes ya just gotta live with the buttheads. If you ever see a printed price, implying that he is chartering and not share costing, you have what you need to start an investigation.

 

[Cap335]

Like I said before, there's a fine line between splitting expenses and operating a charter. I don't know where the line is. I do know that without expense sharing there would be many many fewer people able to leave the shoreline.

According to the Coast Gaurd guys I have talked to locally the passengers can volenteer money for the trip but if the boat owner says your part of this trip is x dollars its a charter even if the cash amount requested is the true cost of the trip divided by the number of passengers

Randy