Fishing license for dive boats

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Thats a tough one. To me it was easier to spend the money on the state license and have the peace of mind that we are above board and beyond reproach. I can too easily see that the one time that my crew just forgot to check and make sure a passenger physically had their fishing license, would be the one time we got pulled over. That would. Paying $800 versus the possibility reading a thread on the internet or seeing a competitor's home page on their website with a new story about a "local boat caught poaching"......... Its not even a tough choice especially if Law Enforcement seems to be on some crusade.

But then again I cater to spearfishermen and welcome spearguns on regular charters as long as no one who booked previously objects, so its easier for me to recoup the fee too. Would it be worth increasing the amount of spearing or lobster trips to make it worth your while?
 
I haven't posted here before, but I owned a couple of inspected dive boats and operated in the GOM for about 20 years until I couldn't take the stupidity anymore.
I think I owned the first boat cited for the BS group fishing license requirement on a dive boat where some divers were spearing, in the late 80's or early 90's.
I got my case dismissed in court but could not get it kicked up to a higher court to fight the law itself.
I carried my court dismissal case papers with me for years but never bought the license and never was cited a 2nd time.
The law was put in place to allow line fishing boats to take out of state sportsmen fishing without requiring them to have fishing licenses.
It was never intended to impact dive boats where the fisherman needs his own license because he's not fishing from the boat.
If a taxi delivers trout fishermen to the stream does he also have to provide a group license for what happens after his fare gets out of the cab?
I obviously believe this law to be weak and feel it should be struck from the books.
 
Got this email the other day....
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C:%5CUsers%5COwner%5CAppData%5CLocal%5CTemp%5Cmsohtmlclip1%5C01%5Cclip_image001.gif
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[FONT=&quot][/FONT]​
[FONT=&quot]Hooray for the FWC !!![/FONT][FONT=&quot][/FONT]
[FONT=&quot]Dive Boats do not Require Commercial Lobster Vessel License!![/FONT][FONT=&quot][/FONT]
[FONT=&quot]"As long as everyone lobstering or spearfishing from the dive boat has their own recreational license [/FONT][FONT=&quot][/FONT]
[FONT=&quot]and lobster permit, the boat does not need a Charter Captain/Boat vessel license."

See the information below[/FONT][FONT=&quot][/FONT]
[FONT=&quot]----------------------- Forwarded Message -----------------------[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]From:[/FONT][FONT=&quot] "Ask FWC" <myfwc@mailnj.custhelp.com>[/FONT]
[FONT=&quot]To:[/FONT][FONT=&quot] info@tropicalreps.com[/FONT]
[FONT=&quot]Date:[/FONT][FONT=&quot] Fri, 13 Jul 2012 16:33:27 -0400 (EDT)[/FONT]
[FONT=&quot]Subject: Lobster License [Incident: 120709-000047][/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]
Thank you for contacting the Florida Fish and Wildlife Conservation Commission. The response to your concerns appears below.

If this issue is not resolved to your satisfaction, please reply and let us know how we can assist you. You may follow the link below to login and check the status of your account.

Thank you for allowing us to be of service to you.

[/FONT]
[FONT=&quot] Subject[/FONT][FONT=&quot][/FONT]
[FONT=&quot]Lobster License[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] Discussion Thread[/FONT][FONT=&quot][/FONT]
[FONT=&quot] Response Via Email (OL&P-ML)[/FONT][FONT=&quot][/FONT]
[FONT=&quot]07/13/2012 04:33 PM[/FONT]​
[FONT=&quot]Hi,

Thanks for asking about license requirements for customers lobstering from a "for-hire" dive vessel. As long as everyone lobstering or spearfishing from the dive boat has their own recreational license and lobster permit, the boat does not need a Charter Captain/Boat vessel license.

Scuba divers engaged in fishing or lobstering must have an individual saltwater fishing license, lobster permit and all other required recreational permits if the vessel they are on does not have the necessary Charter Captain/Captain vessel license.

All recreational season, bag and size limits apply when lobstering on a dive charter boat.

Saltwater fishing licenses and fees: Recreational Saltwater Licenses & Permits
Charter vessel licenses: Licenses for Charter and Headboat Operators, Guides, Vessels and Piers
Saltwater fishing regulations: Saltwater Fishing Regulations

If this does not answer your question, please reply and let me know.

FWC Customer Services[/FONT]
[FONT=&quot] Customer By Web Form [/FONT][FONT=&quot][/FONT]
[FONT=&quot]07/09/2012 02:57 PM[/FONT]​
[FONT=&quot]If a lobster diver with a recreational lobster stamp on his Florida saltwater fishing license is diving off of a commercial dive boat must the boat have a comercial lobster license?[/FONT]
 
I have the license, but I also take people out on H and L charters as well. Just have to make sure that for both I stay in state waters as once you venture into Federal waters you need your charter/headboat permit.
 

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