Fishing license for dive boats

[RRDAVE]

I just got off the phone with a representative from the FWC and it dose look as if they will again start to enforce the fishing license law that is on the books. We also went to our monthly dive association meeting last night and several boats have already been boarded and questioned about this.
If we allow this to happen we will be incurring an $800.00 charge annually for the license, if you carrie more than 10 divers and we will then be legally responsible for all fish or lobster that come on our boats. We will also have to keep a separate log of all fish and lobster that are take from the water.
The FWC tried to enforce this once before and they lost the court case, i have a copy of the case report. If anyone would like to see it pm me and I will get it to you.
I can tell you all that if I thought that by me buying this license we would be getting more FWC officers I would go out today and get it, but the fact is this will not bring in any more revenue for the FWC because divers will no longer have to get there own license they will fall under ours. This includes the very costly out of state persons license.
We as a group of West Palm Beach boat owners and operators last night decided that we would fight this, I hope that the rest of you from around the state will join us in this fight.


Capt. David M. Brown
Little Deeper Charters Inc.
561-436-5299

 

[WetDawg]

I'm a little confused... what is the existing law and how will it change?

Which license plan would you and your fellow boat operators prefer?

 

[WetDawg]

OK, just found this on myfwc.com:

Licenses for Charter and Headboat Operators, Guides, Vessels and Piers

Charter, headboat and guide operations must have this license to cover their passengers, who are not required to hold a recreational fishing license.

License Type
Price

Charter Captain - 4 or fewer customers
$201.50

Charter Captain - 10 or fewer customers
$401.50

Charter Captain - 11 or more customers
$801.50

Charter Boat - 4 or fewer customers
$201.50

Charter Boat - 6 or fewer customers
$401.50

Charter Boat - 10 or fewer customers
$401.50

Charter Boat - 11 or more customers
$801.50

Note: Prices include tax collector's surcharge.


To purchase a Charter Boat license, you must register your boat as a commercial vessel. The vessel registration documentation will be required in order to obtain a state vessel license.

The license can be purchased at your local tax collector's office. The county you are doing business in may require you to have an occupational license.

The Coast Guard requires all operators of for-hire vessels to have a Captain license. In order to purchase an FWC Charter Captain license, you must have a Coast Guard Captain's license. Call 1-800-982-9374 for information on the Coast Guard Captain's license. This documentation will be required when obtaining a state vessel license.

If you are operating a for-hire vessel in a park or a refuge (e.g., Everglades National Park), you may be required to have additional permits. Please check with the park or refuge headquarters for any specific permitting requirements for those areas.

If you are operating a for-hire vessel in federal waters (outside of 9 nautical miles on the Gulf and 3 nautical miles on the Atlantic), you may need a federal charter vessel/headboat permit before fishing for certain species. Contact the National Marine Fisheries Management Service, Licensing and Permitting Office at 727-824-5326 for information on federal charter vessel/headboat permits.

 

[WetDawg]

FYI, all the dive boats I have run and dive from here in FLL require all divers that want to shoot fish or grab bugs to have their own individual licenses and to show them along with their c-card on boarding.

 

[RRDAVE]

the law states that a vessel will be required to have a license if "the sole purpose of the vessel is to take sea life". We carry a lot of divers that just want to dive yet they are trying to make us pay the tax anyway. As I stated before this has already been shot down in court but because of pressure from the fishing fleet they are trying it again.

 

[SailNaked]

OK, just found this on myfwc.com:

Licenses for Charter and Headboat Operators, Guides, Vessels and Piers

Charter, headboat and guide operations must have this license to cover their passengers, who are not required to hold a recreational fishing license.

Seems to me that in this sentence it says that the license the boat must carry is if the passengers are not required to have their own license. simple solution is to require all passengers to carry a recreational fishing license.

Did I not read that right? just to be safe and not have any arguments on who's fish is who's, make sure the crew also have a recreational fishing license and bobs your uncle.

 

[Capt.Ed]

It's my understanding that you can purchase the license in two ways (which are listed above). You can purchase a vessel license or a captain's license. The vessel license is for that particular vessel and cannot be moved from vessel to vessel. The captain's license is good for whatever boat he/she is operating which means that if you operate several boats, like I do, you only purchase one license and you and your customers are covered. I foot the bill for this so that I can offer fishing/spearfishing as part of my charters and advertise that "we have all the licenses needed." I can justify this because a subsantial portion of my revenue comes from fishermen or divers that want to collect lobster or harvest fish.
It does seem to be a BS move on the part of the FWC to force you to purchase a license but as the master of the vessel you are partly responsible for any voilations of the fish and game laws that occur on your vessel and I would think that making sure people have thier own licenses would be a real pain in the rear.
I just look at the license as a marketing tool, insurance policy, and meal ticket all in one...not bad for $800.

 

[scubaskipper]

We got the memo in our area a month or so ago. Here it was mostly the guys that take out scallop trips. They were told they needed to be on the same page as the local fishing guides. We were told if one person on the boats brings on ANY gear that can be used to TAKE anything, we were to have the proper paperwork.

 

[Tortuga James]

We got the memo in our area a month or so ago. Here it was mostly the guys that take out scallop trips. They were told they needed to be on the same page as the local fishing guides. We were told if one person on the boats brings on ANY gear that can be used to TAKE anything, we were to have the proper paperwork.

Note: this is in no way an opinion on the validity of government regulation of wildlife resources, that is an entirely different debate.

I think it is just a sign of the times...State and County (Federal too, for that matter) agencies with stressed budgets getting creative about alternative revenue streams. I tried to explain this to my wife yesterday, that the new wave of taxation is going to come through regulation not legislation. Consumers will end up paying for government spending in ways totally disguised as higher commodity and service prices.

Fishing regulations, licenses and permits drive up our operating costs. We either absorb them or pass them to our customers by raising prices, both options put our ability to operate in jeopardy.

 

[Diveboatmaster]

I just recently spoke with the regional director of our area and the NMF enforcement division regarding the federal fisheries permits. We do not advertise that we have spearfishing trips. Divers coming on board the vessel with guns are checked for license in possession. We do not spear in federal waters. Our main function is taking people diving. I was told that we don't need the charter boat fishing license. I have heard that this battle is going on down south and wish you luck. Are you all advertising that you take people "fishing" in your marketing?