It's officially made the news and being investigated by the state.
News | Shorelines.com: Authorities look at report of 'boat rage'
A group of us had considered using this op for a run to the Jax Drydocks and I got some warnings from a few folks that advised me "to find another op, any other op". :11:
Authorities look at report of 'boat rage'
A participant in the kingfish tournament says his vessel was nearly rammed.
By DREW DIXON, Shorelines
Two law enforcement agencies are investigating reports of "boat rage" in which a participant in the AT&T Greater Jacksonville Kingfish Tournament said his vessel was damaged when he was nearly rammed by a boat carrying scuba divers about 50 miles east of Mayport.
Officials from the Florida Fish and Wildlife Conservation Commission and the State Attorney's Office said this week they're looking into the reported July 26 confrontation between the fishing and dive boat captains.
"It never occurred to me that [a dive boat] would intentionally attempt to run me down in order to bully me out of the spot," said fishing boat captain Robert Pelletier, who was in the tournament aboard the 28-foot WhipperSnapper. "Before I could even react, he collided with my port outriggers, causing them to bend toward the stern."
He said the incident happened about 11 a.m. at what's known as Elton Bottom, a reef about 15 miles west of the continental shelf that's popular among anglers and divers.
Pelletier said he immediately headed into port to the Coast Guard station in Mayport. He said he reported the episode to the Conservation Commission, which has jurisdiction over that area. He also withdrew from the fishing tournament.
Tournament Executive Director Mike Wheeler said Tuesday he and the tournament's communication staff were unaware of the incident.
Pelletier, of Jacksonville, also recounted the incident on the floridasportsman.com Internet message board.
He and others in the tournament said Offshore Dive Charters captain Dan Lindley of Jacksonville Beach encroached in their fishing area then intentionally tried to ram the fishing vessel after a heated exchange.
"It's a bunch of lies," Lindley said Wednesday. "I'm going to have to go to court and get to the truth."
Lindley said his charter vessel, the 46-foot Diamond Diver, had five scuba divers on board who were diving at Elton Bottom to spear fish. He said he properly deployed markers signifying divers were going down into the water, that Pelletier encroached upon his vessel and that the fishing boat was unanchored and drifting.
"He hit me," Lindley said.
Lindley insisted Pelletier's boat collided with the dive vessel, which docks at the Sandollar Restaurant & Marina along Heckscher Drive on Fort George Island.
Because of the dispute and damage to Pelletier's outrigger, the agencies began investigations this week.
Karen Parker, spokeswoman for the Fish and Wildlife Conservation Commission, said Pelletier contacted that agency.
"We've got this investigation going," Parker said. "The outriggers were damaged and if what's reported is true, it appears to be a case of boat rage."
Parker said the investigation could take weeks since the incident happened so far out to sea. The State Attorney's Office is also investigating.
"The state of Florida has jurisdiction," said Jay Taylor, the director of the Special Prosecution Unit for the State Attorney's Office in Jacksonville. "Curiously, the Florida Constitution provides state jurisdiction for all nautical waters out to the Gulf Stream, which is about 60 miles."
Taylor said his office has also begun an investigation but that the next step is contingent upon what the Fish and Wildlife Commission officers find. Taylor said he'd likely consider charges of criminal mischief and assault if evidence supports the allegations.
Taylor acknowledged that an incident so far out at sea is difficult to investigate.
"You have to have evidence. You have to prove intent," Taylor said. "These are just allegations" as of now.
This is not the first time Lindley has had trouble with authorities for activities at sea. He was penalized twice in the 1990s by the National Oceanic and Atmospheric Administration Fisheries Service for civil violations of federal fishing regulations.
In 1997, the agency fined him $68,000 for poaching spiny lobsters out of season, stripping female lobsters of eggs and exceeding the catch limit for cobia. His commercial fishing license was suspended for 465 days.
Lindley agreed to a settlement that allowed him to pay a lump sum of $35,000 in that case and he was placed under a five-year probation.
NOAA spokeswoman Kim Amendola confirmed Wednesday that Lindley faced more penalties in 1999. His commercial fishing permit was revoked "for the rest of his life" and he was fined $10,000, a NOAA press release stated. Agency investigators ruled Lindley again committed civil violations of federal fishing regulations by catching lobster out of season and stripping lobster eggs after the Coast Guard boarded his 36-foot vessel, also named Diamond Diver, which federal officials seized and is used for training agents at NOAA.
NOAA Fisheries Southeast Administrator William Hogarth said then that Lindley represented a case of "irresponsible fishermen."
Meanwhile, Pelletier is seeking restitution for the damages to his outrigger, which could reach about $3,000, and he wants reimbursement for having to pull out of the kingfish tournament, which cost about $2,000 in entry fees and other costs.
Drew Dixon can also be reached at (904) 249-4947, ext. 6313.
