# Another night dive gone awry



## Turtlebait (Dec 3, 2008)

Recently, Toner posted a situation about what to do with another boat on the spot you are hoping to dive. You will now hear a tale about just such a situation, with DIRE consequences!

My buddy John and I (yes we're still friends) were thinking about doing a night dive on the 3 Barges around New Years eve. The forecast was iffy, 2-4 ft seas out of the south, but we went anyway. Leaving Southwind, we knew it was gonna be rough, but we were in a 32 ft Trojan with a flybridge. When we rounded Sand Island, it was bad. The pass was a malestrom, with whitecaps and chop and rollers going every which way. We figured once we were out of the caucus, it would calm down some - WRONG! 

On the way out, we passed an anchored flotilla of boats moored on the lee side of the Steel Jetty. Wow, something must be biting big time - maybe Reds. We continued on past the anchored boats only to find the waves getting bigger and more malevolent. After a few waves broke over the flybridge, we decided to turn around. Try doing that in the dark with a mixed up sea state.

After getting a feel for the wave pattern, John makes a hard port turn with full power to beat the next wave. We were partially successfull. About 3/4's of the way through the turn, the next wave picks up the starboard stern quarter, and the boat heels dangerously to port. Water sloshes the full length of the port side, and at one time, I could touch water just leaning a bit left from the flybridge seat! John gets the boat righted, only to have the next wave pick up the whole stern to the point both props are out of the water! Then the boat surfs down the face of the wave only to plunge bow first into the back of the wave in front. Everything on the boat flies forward, including us - I was almost thrown over the flybridge railing! At that moment, I feared we would pitchpole on the next wave. Somehow, John got things going his way with throttle doings and rudder handling.

We calm down, and notice the anchored flotilla on our left. Lets go see what everyone is trying to catch. We try to motor around all the anchored boats and fishing lines without causing a ruckus, but we MAY have pissed someone off. We find a clear anchorage about 30 ft off the beach and about 50 ft from the Steel Jetty. Making sure the anchor sets - we shut down the engines and dress out for our dive.

Usually, we deploy a propylene float line and dive flag down current, but with the close proximity of fishing boats, that was not an option. Our second deployment option for the dive flag was to slip it over the antenna, but with the howling wind, that got nixed pretty quick. I decided to just slip it in a gunwale rod holder. Its after midnight after all, in the dead of night, who would care where we put it - More on this later.

We splash with lights and spearguns in hand. I could have sworn I heard a nearby boater say something like - " Those bubbleheaded bastards! I'll show their scuba diving asses what its all about!". - or something to that effect.

We swim south along the sand till we reach the Jetty, turn east and the hunt is on! After swimming to the channel and going west on the south side of the Jetty, we see absolutely NOTHING! John signals me to go back, no fish to be found. I tell him I'm going out in the sand a ways and I'll be along shortly. I swim about 20 kickcycles south of the Jetty, turn east toward the channel hoping to see SOMETHING! When I hit the channel, the current takes me north ata pretty good clip, I'm enjoying the ride, even if there are no fish to be had. Realizing it's time to get back to the boat, I turn west only to encounter anchorlines and fishing lines. I weave through the possible entanglements, going south till I hit the Jetty, turn west again, and end up almost on the beach in about 10 ft of water.

Swimming south again, hoping to cross our anchorline, I find a school of mullet in a whirlpool around a big rock. They don't seem to be bothered by my light, so what the hell, I shoot off in the school - and get about a 4 lber! I string him up and shoot again and again and again. I end up with 6 mullet, all 3-4 lbers! Well, at least I got some supper to show for my dive, I only hope John did some good too.

While I'm patting myself on the back for getting the mullet, the night turns to day! Thinking my eyes are playing tricks, I close them for a few seconds, but it is still daylight when I open them! I ever turned my light on and off a few times to see if it made a difference, it didn't. 

As if the daylight wasn't enough to throw me, a deep voice booms out - "Captain, are there anymore divers in the water?"

I just about browned my suit! It can only mean, THE MAN, has arrived on the scene. Not sure if you can shoot mullet, I quickly unstring them. Not sure if you can have a speargun near the National Seashore, I stab my gun into the sand and surface. As soon as my head breaks the surface, I'm blinded by the immense spotlight - I can almost feel the heat from it! The voice on the loudspeaker says - "We will wait till you come aboard before we get closer." I grab the butt of my gun and swim towards the swim platform, covertly clipping it off to a support.

As soon as I get aboard, 3 uniformed guys climb aboard as well. They promptly pounce on John, asking for papers, lifevests, flares, etc. He comes through with flying colors. Then this one guy points out the dive flag in the rod holder. That's not legal, he says. The ticket book comes out, and he states he is giving ME a citation for an improperly deployed dive flag. He says he can't give John a ticket because he didn't actually see him in the water, even though he is in a very WET wet suit. I casually ask what's wrong with the flag. He says it must be visible from all around, they couldn't see it if they come up from the starboard side. I tell him if he came up from starboard, they would have been on the BEACH! I then ask what the usual fine is for dive flag infractions. He tells me it is a "Second degree misdemeanor punishable by 30 days in jail and/or a $500 fine". 

Luckily, John caught me when I PASSED OUT!

Saddled with a mandatory court appearance, I dreaded the day I had to appear, about a month later. When I arrive in the courtroom awaiting my name to be called, I notice a lot of people in handcuffs being seated. I'm amongst CRIMINALS! As each person is called, alphabetically,I notice that the judge is not being kind. Several people are sentenced to 6 months to a year in jail, seemingly for merely mumbling or wearing disrespectful clothes. I am so glad I didn't wear jeans and a tee shirt.

When my name is finally called, I answer all his questions with a loud and distinct voice. He tells me to give my side of the story, which I proceed to do, while he is looking through some books on his desk. Halfway through my recital he yells for the baliff to go get "?" from his office. He apologizes for the interruption, and says proceed, he's listening. Just as I finish up, the baliff returns with a large volume, which the judge leafs through hurridedly. 

"30 days in jail or a $500 fine!" - I almost passed out again. He apologizes for his outburst and asks if I had a dive flag that night. I say "Yes sir, just not a properly displayed one." 

"Well, I'll be dammed if I'll send anyone to jail for not having a properly displayed dive flag, but if I ever see you in my court again for the same offense, I will fine you $500. You are dismissed!"

I hauled ass out of there before he had a chance to change his mind!

If any other divers have had a run in with THE MAN, please post - Ric


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## Catchin Hell (Oct 9, 2007)

That's a pretty good read TB... Glad to hear the judge had a heart.


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## SuperSpook (Oct 1, 2007)

:doh


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## Dylan (Apr 15, 2008)

That was a pretty good read...Im not trying to be an asshole but have a few questions..

1. I didnt think you were allowed to spearfish the jetties??

2. Why the hell were you diving so close to that many fishermen??

Thats was nice of the judge..So i guess you didnt get to keep your mullat of z bayou?? I once saw 2 younger fellas probably about my age(21) in court get $250 fines or something of that nature for having 1 rock crab in their possesion..


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## Turtlebait (Dec 3, 2008)

I forgot to mention, it was a FEW years back, before they got all anal about the spearfishing thing. - Ric


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## Just_Ducky (Sep 19, 2008)

All's well that ends well I guess. Thanks for sharing.


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## Buzzbait (Oct 3, 2007)

A 32' Trojan motoring through the redfish floatila at the jetties at midnight on a nasty night dropping divers? Seriously? Someone give this guy the crown. Hard to beat this one fellas!


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## Evensplit (Oct 2, 2007)

That must have been awesome to see and hear "the man" while underwater like that! I've never seen or heard anything like that and I would have been pretty intimidated myself.Did you go back down and get your gun?


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## GrouperNinja (Oct 30, 2007)

Good story! Not speaking from experince or anything but I have heard a weight belt clipped to stringer and gun works well. Good luck finding it when you go back though!:doh


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## dkdiver (Oct 15, 2007)

> *GrouperNinja (1/7/2009)*Good story! Not speaking from experince or anything but I have heard a weight belt clipped to stringer and gun works well. Good luck finding it when you go back though!:doh




Where did you learn that from?


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## GrouperNinja (Oct 30, 2007)

I just over heard someone one day at a dive shop I think I dont recall.....what are we talking about anyway I forget?


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## Turtlebait (Dec 3, 2008)

Not even sure ifthis should be posted here, but it is about getting caught by THE MAN, and we had planned on making a dive before we got boarded.

John and I (not that John, the OTHER John!), were on his 40 ft wooden hull snapper boat and had anchored on a wreck (not sure which one) before daylight on a Saturday. We fished for a while at night and only caught two amberjacks, which in the dark, looked 28 to the fork. We planned on diving the wreck once it got good and light out. 

Looking to the East, I could barely make out a ship coming towards us, but at least it seemed to the North of us and no concern about collision. As it got closer and more light was available, I checked it out with the binoculars. It was Navy gray, but had U.S. AIR FORCE wrote in BIG letters on it's side. It also had a big crane-type boom on the stern of it. John asks me what it is, I suppose it is a drone recovery ship they used to retrieve drones used in target practice.

They pass a good half mile North of us, then turn South, straight for us. As they get closer, I see ARMED men in life vests all over it! Then I notice a guy toting a huge video camera. When the loud hailer boomed - "Prepared to be boarded!" - we both browned our shorts!

As they held position off our Port quarter, they commence to launch an inflatable with 5 guys in it, two of them armed with M16's! When they boarded, they immediately ask for ID's and boat papers. It was then I noticed they were Marine Patrol uniforms! I ask what they were doing with a drone recovery ship, and they say something about interagency cooperation. After all the papers are gone through, they proceed with a thorough search and inspection of John's boat. About the time one of them asks if we have any firearms on board, another guy finds John's 357 in the cabin and all HELL brakes loose. They raise rifles,pistols and everything else, scream at us to put our hands on our head, don't move, grab some gunwale?, and a host of other crap! I just FROZE! They pat us down, ask about any other arms on the boat and Ipoint out the Bang Stick that is not loaded.

After we all calm down, one guy finds the two Amberjacks in the cooler. He asks if WE have a tape measure, which WE produce, and he measures the fish and concludes they are both an inch SHORT! John says he measured wrong and I thought the Officer was gonna shoot him. The ticket book comes out and writes John the ticket for the short AJ's because he is the captain (I think I was the one who caught and measured them). He then asks where WE were, John says - "With that fancy ass boat of yours, YOU don't know!". 

To say things went downhill after that, would be woefully inadequate. After the name calling and cussing subsided, WE turned on OUR loran, and gave them OUR position in TD's so they could enter it on the citation. They thanked us for our cooperation (can you really say NO to a person holding a M16 to your head?), disembarked, got in their "loaned" U.S. AIR FORCE drone recovery ship - must have been a coupla hundred feet long - went back North about a half mile, then continued on toward the West to accost some other unsuspecting fisherman.

Several months later, John recieves a notice from the Marine Patrol that his case has been referred to the Federal Marine Fisheries because, according to OUR coordinates, we were in FEDERAL WATERS! The ship that boarded us was apparently cruising the 9 mile limit, but when they turned South, they crossed into FEDERAL WATERS. Six months later, John recieves a notice from the FEDS saying that they didn't have the resources to prosecute him for having two short AJ's - case dismissed!

We both wondered exactly who's freezer those confiscated AJ's ended up in - Ric


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## Snook_Reaper (Oct 26, 2008)

I have had some run in's with FWC before and it never seems fun. I hate dealing with them just as much as anyone else because it just seems as though they immediately suspect that you are a violator until you prove yourself otherwise.....then when you do prove to them that you have your affairs in order they seem to get offended that you showed them up and find one of the many hundreds of reasons to write a piss-ant ticket.

However, it seems really strange that they would freak so badly about a pistol on a 40' boat.....that is so common. Every boat out there at times has a pistol and it is perfectly legal.......

not saying that is not true but there has to be more to the story....... i just cant see them aiming guns at you and frisking u because if 1 pistol on a boat which is LEGAL. If that is truly the way it went down I hope to NEVEr run into those guys.


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