# That's gotta hurt the wallet!



## Bamasnapper (Mar 28, 2008)

<P class=MsoNormal style="TEXT-ALIGN: center" align=center>*<SPAN style="FONT-WEIGHT: bold; FONT-SIZE: 11pt; FONT-FAMILY: Arial">NOAA Charges <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comffice:smarttags" /><st1:State u2:st="on"><st1lace u2:st="on"><st1:State w:st="on"><st1lace w:st="on">Florida</st1lace></st1:State></st1lace></st1:State> Dive Charter Businesses for Fishing Without Federal Permits<?XML:NAMESPACE PREFIX = U1 /><U1></U1>* <?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o><P class=MsoNormal style="MARGIN-BOTTOM: 12pt"><SPAN style="FONT-SIZE: 12pt"><U1></U1>
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">NOAA has charged two dive business owners in <st1:City u2:st="on"><st1:City w:st="on">Pensacola</st1:City></st1:City>, <st1:State u2:st="on"><st1:State w:st="on">Fla.</st1:State></st1:State>, with illegally operating spearfishing charters without the appropriate permits in federal waters off the <st1:State u2:st="on"><st1lace u2:st="on"><st1:State w:st="on"><st1lace w:st="on">Florida</st1lace></st1:State></st1lace></st1:State> panhandle.<U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial"><U1></U1> <SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">
NOAA and the Florida Fish and Wildlife Conservation Commission launched an investigation in summer 2007 after NOAA special agents in <st1:City u2:st="on"><st1:City w:st="on">Niceville</st1:City></st1:City>, <st1:State u2:st="on"><st1:State w:st="on">Fla.</st1:State></st1:State>, received several complaints about illegal spearfishing charters running out to the USS Oriskany artificial reef and other popular dive spots off <st1lace u2:st="on"><st1:State u2:st="on"><st1:State w:st="on"><st1lace w:st="on">Florida</st1:State></st1lace></st1lace></st1:State>?s northern Gulf coast.<U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial"><U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">Undercover officers chartered trips on the vessel _<SPAN style="FONT-STYLE: italic">Daisy D._, owned and operated by Jeffery Michael Folds of Southern Offshore Adventures, and the _<SPAN style="FONT-STYLE: italic">Y-Knot_, owned and operated by David John Mucci of Blue Water Adventures. Folds was charged with three counts ? operating without a federal charter permit, prohibited use of a powerhead (a device with an explosive charge) to take reef fish, and making a false statement to law enforcement officials. <U1></U1>
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">The proposed fine against Folds is $19,000. Mucci was charged with one count of operating without a federal charter permit and the proposed fine against him is $12,500.<U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial"><U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">Both men have 30 days from the date they received their notices of violations to request a hearing before an administrative law judge. Mucci received his notice on Nov. 7 and Folds on Nov.19.<U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial"><U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">?It is important that spearfishing charter operators understand they need the same permits as any other fishing charter operating in federal waters,? said Allan Coker, NOAA special agent in Niceville. <U1></U1>
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial"><U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">Anyone with information involving illegal spearfishing charters should contact NOAA?s Fisheries Service Office of Law Enforcement national hotline at 1-800-853-1964. <U1></U1>
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial"><U1></U1> 
<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">NOAA understands and predicts changes in the Earth's environment, from the depths of the ocean to the surface of the sun, and conserves and manages our coastal and marine resources. Visit http://www.noaa.gov. <o></o><P class=MsoNormal style="TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">###:doh:nonono<U1></U1><o></o>


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## LITECATCH (Oct 2, 2007)

i have heard rumors of this. i also heard there are more in the works. that is a crappy christmas present.


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## theangrydolphin (Oct 2, 2007)

Tin foil hat anyone? Watch out for the black helicopters!


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## roofordie (Sep 24, 2008)

:doh


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## ted-hurst (Oct 4, 2007)

Yeah that's going to be a bad Christmas, did they lose there equipment. If they did that'll hurt even more.


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## redfish99999 (Feb 11, 2008)

THAT'S JUSTICE.............

Anything bad for dive boat captains is good for me...... With my encounters with charter dive boats over the years, I cannot remember a pleasant one.......


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## Clay-Doh (Oct 2, 2007)

> *redfish99999 (12/11/2008)*THAT'S JUSTICE.............
> 
> Anything bad for dive boat captains is good for me...... With my encounters with charter dive boats over the years, I cannot remember a pleasant one.......


Wow. Granted, they broke the law and are paying the consequences, as happens. 

But anything bad for dive captains is good??? WTF? Several of my very good friends are dive boat captains (law abiding), and depend on it to feed there families. 

ALso, every time I have been out with them, the encounters with rodnreel guys has been very nice...freeing anchors for them....telling them what kinda fish are down, and where there holding at on the wreck.... 

If you have had a LOT of encounters with dive boats, and they have ALL been bad...maybe they're not the ones that stink....maybe its you with a poo-poo stain in your drawers that you are alwayssmelling, and you justTHINK it's everybody else that stinks. 

And if I sound a lil pissed, it's cuz the ones I am good friends with work hard to pay there bills, and struggle just like the rest of us in this economy, and to hear someone wish them ALL bad even though they prob are not the ones you have ever encountered....just chafes my nut-sac the wrong way.:baby


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## specslayer (Oct 9, 2007)

that daisy d boat is parked in pelican bay motors by wisper bay neighbor hood its a nice lookingcat


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## redfish99999 (Feb 11, 2008)

Hello Clay,

Destin has several dive boat captains that will come in on top of an anchored fishing boat.... Then, advise you that you should maintain a distance from them.....

As a result of this behavior, I have become biased against dive boat captains.... Not divers, they just want to get wet and look around...... But the dive boat captains seem to think that they own the gulf....


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## Clay-Doh (Oct 2, 2007)

I don't personally know any of the ones in destin, but I know there are a group of asses in every group of people, fish captains, dive captains, roffers, plumbers, blacks, whites, short, tall.

Just seemed like you were wishing the whole lot of them bad was why I made the comment I did. I struggle with my bills, and if I saw someone say on here that anything that happens bad to roofing contractors is good for them, would chap me reading it.

And I have heard of what you say happeneing, and it is wrong. The law doesnt state you have to maintain a certain distance, it states you must slow and use extreme caution while approaching the atea. ANd if they are the ones comming next to you.

Although I am not a Captain, I aplogize on behalf of the good dive captains I know for the actions of some knuckleheads that give others a balck eye.

All the ones here I have delt with in Pensacola have always been proffesional, and courtous and helpful when I am in my boat or friends boat and we come to a spot near them.

Wasn't trying to bash you, just wanted you to think about hating a whole group of people (hardworking law abiding ones) for the actions of some is all. :letsdrink


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## roofordie (Sep 24, 2008)

Man, two sides to every issue


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## apexmllp (Dec 16, 2008)

I don't ever post on the forums because people blow things up way out of proportion but I can not sit back on this one anymore. Let me say I know both captains personally. They are not outlaws like it is made out to be. Are they wrong for allowing a guest to bring a speargun out to the Oriskany, yes. but neither one of these guys ran spearfishing charters. the fact is noaa actually tried to book a spearfishing trip on the Daisy D. and not even knowing who they were at the timehe stated he does not do spearfishing charters because of not having a reef permit. Is what they are both guilty of and admit to is when a guest would show up to the boat with a gun if it was a big deal to the guest they would allow them to bring it.this is Oriskany trips, nothing worth shooting there anyway! The trips that both captains are charged with where oriskany trips where the undercover guys where the only ones with spearguns and the others where just divers. Yes it is wrong of them allowing someone to bring a spear gun on board for a oriskany trip but this does not sound like they run spearfishing charters to me. the thing I think is funny as hell are the two guys are not even very good spearfisherman. They came back to the boats with the fish on the end of the shaft and cable all tangled up around them, hell one guy even stuck his knife through his hand and had to get bandaged up by the captain. I don't understand why when there are people actually chartering fishing trips and do not have this permit why these two guys who ran dive boats and allowed someone every now and then to bring a gun onboard was targeted in this investigation.And its very obvious they where targeted. And why the hell are these idiot government agents wasting our tax dollars on two guys that did not run spearfishing charters. Why not go after the boats that are really chartering fishing trips illegally.Just my two cents</DIV>


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## FelixH (Sep 28, 2007)

> *apexmllp (12/16/2008)*I don't understand why when there are people actually chartering fishing trips and do not have this permit why these two guys who ran dive boats and allowed someone every now and then to bring a gun onboard was targeted in this investigation.And its very obvious they where targeted. </DIV>


They were probably targeted because of specific complaints made against them... look back at the original post. It says, " NOAA special agents in <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comffice:smarttags" /><st1:City u2:st="on"><st1:City w:st="on">Niceville</st1:City></st1:City>, <st1:State u2:st="on"><st1:State w:st="on">Fla.</st1:State></st1:State>, received several complaints about illegal spearfishing charters running out to the USS Oriskany artificial reef and other popular dive spots off <st1lace u2:st="on"><st1:State u2:st="on"><st1:State w:st="on"><st1lace w:st="on">Florida</st1:State></st1lace></st1lace></st1:State>?s northern Gulf coast.<?XML:NAMESPACE PREFIX = U1 /><U1></U1> "


The "several complaints" likely named them specifically. I could launch into wild speculation about who might have made complaints against them, and why, but it would be purely speculation and serve no constructive purpose.


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## Corpsman (Oct 3, 2007)

"nothing worth shooting there anyway!"

Eh....wrong.


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## SCUBA Junkie (Oct 2, 2007)

I guess I have to ask, Is it illegal for a dive boat captain to allow guests to take spearguns on the dive ?, Or is this issue being wrapped up in semantics, calling it a spearfishing charter because guns are allowed on the boat ?

It has always been my understanding that, if you want to shoot fish on during a dive charter, you are doing so under your own fishing license, and are responsible for complying with the rules.


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## Evensplit (Oct 2, 2007)

> *SCUBA Junkie (12/17/2008)*...It has always been my understanding that, if you want to shoot fish on during a dive charter, you are doing so under your own fishing license, and are responsible for complying with the rules.


That was a lot of peoples understanding...and unfortunately itproved to bewrong.

A Charter boat must have the licenses / permitsif ANY fishing equipment is on board, including spearguns andpole spears. 

The Feds have really tightened the screws after FL FWC and Texas gave them the finger over snapper rules.


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## The Raven (Oct 8, 2007)

> *redfish99999 (12/13/2008)*Hello Clay,
> 
> Destin has several dive boat captains that will come in on top of an anchored fishing boat.... Then, advise you that you should maintain a distance from them.....
> 
> As a result of this behavior, I have become biased against dive boat captains.... Not divers, they just want to get wet and look around...... But the dive boat captains seem to think that they own the gulf....




I have to say that I've had the exact same experience with Destin dive boat captains, numerous times...especially at the "Liberty Ship".


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