Please avoid Offshore Dive Charters out of Jacksonville, Fl.

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ReefGuy

Contributor
Scuba Instructor
Divemaster
Messages
3,293
Reaction score
869
Location
Punta Gorda, Fl.
# of dives
500 - 999
website: Offshore Dive Charters Jacksonville Florida

I came across this thread over in spearboard. This "captain" is a twice convicted poacher. If you'd like to read about his latest exploits where he apparently intentionally damaged another boat, you can find it here. There were eye witnesses to the incident and it looks like this is going to become a legal mess.

InterMedia Outdoors Forums: Offshore Dive Adventures\ Incident Saturday During GJKFT

This guy gives us all a bad name.


Quote, originally posted by WhipperSnapper »
Ok fellows, I was the one involved in this incident. I was trying to post the facts of the incident the first chance I got, but it seems you good people beat me to it. Ya'll are all awesome, particulary no peekin and the capt/crew of the boat 'Lickity Split' out of St. Augustine (nice wrap job of the wahoo and dolphin) as both of the Captains of these boats, B.J. Pearson and Job Bennett stepped up to offer witness information. I will give an exact recount of the incident and leave it up to the court of public opinion to debate.
I was participating in the GJKT this weekend. My fishing buddy, Larry Ridley, and I were trolling for kings in the Elton Bottom area. After 3 hook ups were negated by sharks, the bite seemed to turn off around 1100 hrs. As a result, Larry and I decided to begin bottom fishing to at least take home some fish for dinner. We began drift fishing (although the current was slight, so I was able to hold on the location quite easily) a patch of live bottom for quite some time catching nice football sized beeliners and a beautiful African Pompano. After about a half hour, th Yellowfin Lickty Split pulls up and I was happy to share our bounty down below--I even told him how the school of African Pompano looked on the depth finder. Anyway, we were excited to load up on our limit of fish, when all of a sudden, out of the east the boat 'Offshore Dive Charters' Captained by overweight and obese Dan Lindley out of Jacksonville Beach, Fl cell number 904 463 3236 (feel free to express yourself to this guy) email capt.dan@comcast.net, pulls up directly on our location. The capt. immediately deploys a yellow marker, then emerges from the helm, jumps down to the cockpit/swim platform and down goes a fishing line and a diver or two while his other divers suit up replete with harpoons (no dive flag was deployed that I saw, just the yellow milk jug). As you good fisherman could imagine, the episode and arrogance was quite disturbing. Not only was I fishing that exact loaction, but there were NUMEROUS GJKT boats trolling around the area. Nevertheless, Larry and I whispered some expletives under our breaths and I reassured Larry when visions of divers swimming around raping the reef danced through his head. We continued to hold position when the capt turned about and headed straight at us. He continued his course directly toward my rig until I saw the whites of his eyes. Because I was trolling and participating in the tourny, I had my outriggers deployed. It never occurred to me that 'Offshore Dive Charters' would intentionally attempt to run me down in order to bully me out of the spot. However, that is exactly what he did--in a surly, arrogant, and definat tone, he yelled down from his helm to "move out of the way." Before I could even react, he collided with my port outriggers causing them to bend towards the stern. The outrigger entangled with his vessel's apparatus including a fishing pole which could have impaled a diver down below in the cockpit. I yelled some colorful words at this clown and his reply was a smug, "well, you weren't anchored." Aside from this guy intentionally damaging my property (the outrigger is inoperative), he could have seriously hurt someone out there. As you all have pointed out, deploying divers at a location where numerous vessels were trolling all around and my boat was clearly bottom fishing was gross negligence on its face. However, the negligence is the least of this guys problem since his actions were Unmistakenly intenional and criminal. He effectively knocked me out of the tournament and caused us great distress. Larry and I addressed the damaged outrigger the best we could and made a B-line to the USCG station in Mayport. I docked and the guys who met me were professional and sympathetic. They alerted the Coast Guard marine investigations unit, called the game wardens and Kingfish base GJKT. The game wardens arrived and took our written statements. Much to my non-surprise, this guy is known to law enforcement as he has apparently had prior run-ins with the wardens under negative circumstances. Anyway, I was informed by law enforcement that Offshore Dive Charters Capt. will face state and federal inquiry. Furthermore, this Capt's outrageous actions has caused me a variety of damages. I will be demanding monetary restitution and if he does not comply, then the wheels of the civil judicial system will begin turning for this idiot (unluckily for Capt. Ding Dong, I am a law school graduate). He is unsafe, grossly negligent, criminal and used terrible judgment yesterday. Therefore, he must face the consequences of his actions. Larry made a sobering point to me when we were talking back at the dock---I told Larry that we all have to abide by rules and conduct ourselves prudently (if we didn't then I would have swam over to his vessel and jerked a knot in this guys @$$). As a response, Larry said, "yea, Rob, but some rules and conduct are just easy." What a common sense response, Larry. Maybe Capt Charlatan should contact Larry for some common sense advice, because clearly he is bankrupt in that dept.
Guys, I'm just a dude who works hard, kind to my neighbors, father to my son and LOVES fishing and my NEW boat that I work so hard for (just got it 2 weeks ago- 28' CC)). This inconsiderate selfish dive boat Capt clearly has no regard for anyone but himself. He deserves every ounce of what he gets.
Sorry if this rendition was too long, but I think the story needed to be told from the mouth of the Capt who was at the recieving end of this guys arrogance. What do you guys think?

NOAA SERO 99-59
FOR IMMEDIATE RELEASE
Contact: Chris Smith
10/26/99
NORTH FLORIDA COMMERCIAL DIVE FISHERMAN LOSES PERMITS FOR LIFE
Fined $10,000 for Violating Federal Fisheries Laws

Dan R. Lindley of Jacksonville Beach, Fla., a repeat offender of fisheries laws , has admitted to violating three counts of the Magnuson-Stevens Fishery Conservation and Management Act and has agreed to pay a $10,000 fine. The most recent penalty also includes his removal from commercial fishing -- including loss of permits for shark, snapper-grouper species and lobster fisheries -- for the rest of his life. Lindley and the National Oceanic and Atmospheric Administration Office of General Counsel reached the agreement earlier this week.
"I'm most unhappy when irresponsible fishermen violate the privilege of holding a federal permit by engaging in activities that are illegal and harmful to the health and sustainability of our precious marine resources," said NMFS Southeast Regional Administrator William Hogarth. "Thanks to the cooperation of our Coast Guard enforcement partners, the prompt and precise analyses by our scientists in Charleston, and the decisive action of NOAA General Counsel, Mr. Lindley will be out of the fishing business forever."
Lindley, who owns and operates the commercial fishing vessel Diamond Diver, was on a five- year probationary period stemming from previous federal violations. On Aug. 12, 1999, U.S. Coast Guard enforcement officers boarded his vessel and found evidence that Lindley was still engaged in poaching activities, and contacted NOAA investigators for assistance. NOAA Special Agent Dick Smith advised the Coast Guard to escort the Diamond Diver to a dock in Mayport, Fla. for further investigation.
"Upon boarding the Diamond Diver, authorities found and seized dozens of spiny lobster tails that held remnant evidence of eggs. Lindley had attempted to disguise his poaching of these egg-bearing lobsters by stripping the orange egg clusters off the undersides of the tails, a practice that is illegal and frowned upon by all responsible commercial lobster fishermen," said Gene Proulx, special-agent-in-charge of NOAA's Southeast Enforcement Office.
Several fish fillets were also seized for identification. The lobster and fillets were transferred to the NOAA Laboratory in Charleston, S.C., for forensic analysis, where scientists determined that most of the seized lobster tails had been laden with eggs when Lindley harvested them.
Robin Jung of NOAA's Office of General Counsel issued a Notice of Violation and Assessment (NOVA) charging Lindley with the possession of 75 spiny lobster tails that had evidence of egg stripping, the possession of lobster smaller than the minimum size, and maintaining fish that were not intact prior to offloading ashore.
"In a 1996 case that was recently settled, Lindley was charged with 21 counts of violating federal fisheries laws, which resulted in his being assessed a $68,000 fine," said Jung. "The settlement agreement that was reached in that case allowed Lindley to pay a lump sum fine of $35,000 but he had to agree to a 90-day permit sanction and a five-year probationary period. In order to avoid an additional $33,000 monetary liability associated with the new charges, Lindley will never again be allowed to look to the sea for his livelihood."
NOAA Fisheries urges citizens to report fishery violations during business hours (M-F 8:00 a.m. - 4:30 p.m. EDT) to its Southeast Region Law Enforcement Division at (727) 570-5344, or after hours by calling its Enforcement Hotline at (800) 853-1964.
NOAA Fisheries is an agency of the Commerce Department's National Oceanic and Atmospheric Administration. The agency conducts scientific research and provides services and products to support fisheries management, fisheries development, trade and industry assistance, enforcement, and protected species and habitat conservation programs.


Fisherman issued fine of $68,000
Jacksonville man accused of poaching spiny lobster, cobia
By BONNIE KING
Staff Writer
A Jacksonville commercial fisherman has been charged with 21 counts of illegally catching spiny lobster and cobia off the St. Augustine coast.
The charges against Dan R. Lindley, owner and operator of a 38-foot dive boat, include catching spiny lobster during its closed season, stripping eggs from female lobster and catching more than the legal limits of cobia.
Lindley was also charged with disposal of evidence in the federal investigation that targeted him and for making false statements to federal officers.
On June 16, the National Oceanic and Atmospheric Administration’s Office of General Counsel issued Lindley a fine of $68,000 and suspended his commercial fishing license for 465 days.
‘‘This case represents contributions from enforcement teams from three agencies, all working together to investigate serious violations of the laws designed to protect our living marine sources,’’ said Gene Proulx, special agent in charge of the Southeast Enforcement Division of the National Marine Fisheries Service.
Special agents from the Fisheries Service worked with officers from the Florida Marine Patrol and the U.S. Coast Guard to conclude the 10-month investigation, Proulx said.
It began on Aug. 5, 1997, with the boarding of Lindley’s vessel, the Diamond Diver, by Marine Patrol and Coast Guard officers in federal waters about 40 miles off the coast of St. Augustine.
Investigators allegedly found Lindley and his crew in possession of spiny lobster before the commercial season opened.
During the inspection of the Diamond Diver, Lindley dumped a cooler filled with the tails of illegally caught spiny lobster overboard, against the commands of the investigating officers, according to a Fisheries Service report.
Officers then confiscated the Diamond Diver’s logbook, which helped Fisheries Service agents uncover many violations and poaching activities conducted by Lindley over the past two years, the report said.
‘‘This is a significant case, and the kind of person we really need to get off the water,’’ said Chris Smith, public affairs officer for the Fisheries Service.
Open season for legally catching spiny lobster runs from Aug. 6 through March 31, said Georgia Cranmore, administrator for the Fisheries Service Southeast Region.
The season is closed from April 1 through Aug. 5 to allow spiny lobster to breed and female lobster to carry eggs that will propagate the species, Cranmore said.
Stripping the eggs from the bodies of female lobster is not allowed at any time, she said.
Spiny lobster are a tropical species of lobster found off the coast of Florida and in other warm ocean regions, Cranmore said. During the legal harvesting season, there is a limit of six spiny lobster per day per vessel.
The Fisheries Service is an agency of the Commerce Department’s NOAA. The Fisheries Service conducts scientific research and provides services and products to support fisheries management and development, trade and industry assistance, enforcement and protected species and habitat conservation programs.
 
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I just emailed the link to this thread to offshore charters:

After reading posts about your behavior recently, I posted information regarding you on Scubaboard.com. The thread is linked below.

I have included information and links to the thread about your behavior from Florida sportsman's message board. As I was not there to witness this, I'm sending you this email so that, if you wish, you can log onto scubaboard and give your side of the story.
 
Dan's response to my email. (Posted here with his permission):

If you read Rob E-mail he said the was bottom fishing for b-liners and African Pompano. Was not trolling for Kingfish. I cam in from the east.There where no boats around where I threw my marker jug. Rob was 800 or more feet away. As I threw my marker and put one diver down. Rob comes over an starts driving around my marker. I put up my dive Flag up right after I put the first diver in. He stop about 5 feet from my marker a starts bottom fishing.
I came back around to drop two more divers. As I came up to him I said you need to move. He said that he didn't need to do anything. I said you have no marker here and you are not anchored. So as we were talking he see his outrigger getting ready to hit my boat. So he starts to move forward and drags his outrigger along the upper hand rail of my boat hitting a fishing rod in one of my rod holders. I was dead in the water not going anywhere. So I did not break outrigger, he did when he move forward. He could have back down and saved it, but he didn't. And then he goes over to another boat about 200 hundred yards away and tells them I broke his outrigger. He move first. I have told this to the Coast Guard. You can put what I said on spear board. He did this not me.
Rob e-mail says this .
 
Guys

I have a serious but actually simple question:

If a fishing boat is trolling or otherwise not anchored over a well known dive spot, say a well publicized wreck that is dived almost daily by various cattle boats and a dive boat drives up deploys a flag, what must the fishing boat do? What does the law state on this issue?

Here's why; 2 years ago diving in Panama City Beach I was on a 6 pack dive charter when we pulled up to the Black Bart to dive. There was a small boat there fishing, no anchor not really trolling just kind of floating around fishing. Remember the wreck is about 100 feet long, so maybe he was drift fishing or something.

We pulled up the Captain dropped the Divemaster off to tie into the wreck and we trolled around in circles until the DM had us tied off to the wreck. I'm sure at some point we raised a dive flag, but I can't recall exactly when.

Fastforward to this summer. Same situation. Gulf Shores dive shop arrived at the "Atlantis Wreck" a series of cement bridge spans that look like Greek Columns. There was a boat bump fishing or otherwise drifiting or trolling in the general area. According to the captain this guy was not exactly on the wreck so we pulled up in the 46' Newton cattle boat, dropped a diver down to tie in and essentially pushed this guy off of the wreck. Needless to say he was not happy and zoomed off after a few choice words. Our Captain did try to raise the guy on the radio when we pulled up, he was not anchored just generally bump trolling around the wreck and could the Captain have reached him or communicated with him otherwise, he would have offered him some other numbers to fish out of kindness.

Now, what's the law around this situation? But moreover, what's the prevailing common sense "right thing to do"?

I hope to own my own dive boat soon an I want to be a responsible boater, diver and fisherman.

Since I've seen and heard of it too many times, I think I'll carry a video camera in the boat and start documenting these things if I ever find myself in a similar situation in the future.


Cheers yall
 
Guys

I have a serious but actually simple question:

If a fishing boat is trolling or otherwise not anchored over a well known dive spot, say a well publicized wreck that is dived almost daily by various cattle boats and a dive boat drives up deploys a flag, what must the fishing boat do? What does the law state on this issue?

Dunno about the law, first come, first served... on larger wrecks, if you can safely coexist, go ahead.

If we're on a charter boat and pull up to a dive site someone is fishing at; the captain raises them on radio, asks how their day is and would they mind moving a bit to let us do our dive... if not, we find an alternate site... Mind you; this is Pompano, where alternate sites are minutes away... I know thats quite different out in the gulf.

Charging in and raising a dive flag is just plain rude.

-Tim
 
Dunno about the law, first come, first served... on larger wrecks, if you can safely coexist, go ahead.

If we're on a charter boat and pull up to a dive site someone is fishing at; the captain raises them on radio, asks how their day is and would they mind moving a bit to let us do our dive... if not, we find an alternate site... Mind you; this is Pompano, where alternate sites are minutes away... I know thats quite different out in the gulf.

Charging in and raising a dive flag is just plain rude.

-Tim

This is Jacksonville we're talking about, where spearfishers and fishermen all know the best spots and they are fanatical about fishing 'their' spots. There are plenty of spots to dive here, most very much like the first two we dove that day out of St. Marys last month (not-so-great viz, kind of quiet). On any dive boat I've been on here in Jax (and I have never been on the Diamond Diver), if we go to a site and there are fishermen on the site we have never been the ones to leave. So I can see how the fishing boats may have a 'prejudice' against dive boats. Especially since I do not know if any radio contact was made specifically with the fishing boats in question prior to dropping divers in the water.

A couple of telling line in Rob's (the 'offended' fisherman) account were the "while his other divers suit up replete with harpoons", and "I reassured Larry when visions of divers swimming around raping the reef danced through his head" lines. Such characterizations imply the person(s) hold divers in contempt; while uttering the words, "As you good fisherman could imagine, the episode and arrogance was quite disturbing" tend to show a favorable tilt towards his fellow fisherman (which was the intended audience on the original forum).

While I find it hard to believe a dive boat would even go out during the Kingfish Tournament, I find it even harder to believe a dive boat would drop divers in the water and then run up on a fishing boat, trying to get it to leave. That's just bad. I tend to believe the truth may lie between the two given accounts, somewhere.

Now that I'm more aware of the 'rules of the road' so to speak, I'll have to be more observant next time I'm out there and we run up on a fishing boat.

I'm with you though, it would be rude to drop divers if someone is fishing there first. But I'm not there to 'rape' the reef either. I've never even touched a reef.
 
Larry and I decided to begin bottom fishing to at least take home some fish for dinner.

down goes a fishing line and a diver or two while his other divers suit up replete with harpoons (no dive flag was deployed that I saw, just the yellow milk jug). As you good fisherman could imagine, the episode and arrogance was quite disturbing. Not only was I fishing that exact loaction, but there were NUMEROUS GJKT boats trolling around the area. Nevertheless, Larry and I whispered some expletives under our breaths and I reassured Larry when visions of divers swimming around raping the reef danced through his head.

We continued to hold position when the capt turned about and headed straight at us. He continued his course directly toward my rig until I saw the whites of his eyes. Because I was trolling and participating in the tourny, I had my outriggers deployed

Not to defend the guy who's been convicted of poaching, but I have to take the op's post with a grain of salt.

Was he trolling, or bottom fishing?

He obviously has a problem with divers/spearos. "Raping the reef" coming from a tournament fisherman. What kind of post-release mortality do you think he has? I can guarantee that the fish I don't shoot will outlive the fish he doesn't keep.

I have personally witnessed fishermen (of which I still consider myself to be counted as) throw fits when a dive flag is deployed, and have been told more than once that diving at site "X" is illegal. It does not matter how big a fishing/diving site is, there will always be people on both sides that act a fool, and show their @$$3$. I'd wager that both parties got their hands dirty during this incident.
 
Captains are an independent bunch. On their vessels, their way is law. Occasionally they think that that law extends to other vessels (which it does not), and on rare occasions a pissing match ensues. This is not only bad business, it can be patently unsafe.

Nothing better defuses a confrontaion than a video camera. Having failed at that, it is some cheap insurance to support your position in a hesaid/shesaid??

Cheers

JC
 
Treat people like you would want to be treated. If the fishing boat was there first I would ask when they were leaving. They maybe leaving anyway. Tim
 
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