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BHB collection/protection discussion

Discussion in 'Florida' started by dumpsterDiver, Apr 13, 2011.

  1. dumpsterDiver

    dumpsterDiver Banned

    # of Dives: 2,500 - 4,999
    Location:
    9,003
    4,674
    Dan:

    It sounds as if you might be threatening to harass tropical marine life collectors while diving at the BHB.

    As stated before, I was able to confirm via written communication from FWC that a diver using a knife to take fish within 100 yards of a fishing pier is not illegal.

    After reading a few comments in this thread, I was prompted to make some additional inquires with FWC about the issue of harassment as well. Apparently there is a law about this.

    FWC has indicated that any sort of intentionally disruptive interference of recreational collection activities would be illegal.

    They directed me to this statute:

    [CENTER] Title XXVIII
    NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 379
    FISH AND WILDLIFE CONSERVATION View Entire Chapter[/CENTER]


    379.105 Harassment of hunters, trappers, or fishers.—

    (1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
    (a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
    (b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
    (2) Any person who violates this section commits a Level Two violation under s. 379.401.
    History.—s. 2, ch. 90-170; s. 27, ch. 2006-304; s. 9, ch. 2008-247.
    Note.—Former s. 372.705.



    People have accused me of posting a video showing illegal activities (flounder knifing) which was later confirmed to be legal. Then, based on additional misunderstandings, some individuals appear to be advocating for illegal activity directed against other citizens (i.e., tropical fish and marine life collectors).

    Possibly you were not intending to advocate for any type of harrassement, but I thought your comments might be interpreted as such, particularly the reference to "recourse".

    I hope that the posting of this statute is informative and will eliminate unnecessary confrontations, now that everyone is better informed about the relevant laws. :no::no:
     
    Shcubasteve and Wayward Son like this.
  2. Scott L

    Scott L Solo Diver

    # of Dives:
    Location: North Palm Beach, FL
    10,277
    1,358
    DD, good men are governed by what is right, not what may be legal. Not sure why you are working so hard to be an outcast. Joining Dan and others on group events having fun would seem the better way to go. No?
     
  3. danvolker

    danvolker Dive Shop

    # of Dives: I'm a Fish!
    Location: Lake Worth, Florida, United States
    5,884
    3,012
    Any thing that I or others do at the BHB will NOT be an "act" that would be actionable by the criteria you just referenced.
    It is almost laughable to imagine the enforcement of this .... for all practical purposes, you could say that any diver within 100 feet of a collector, who silts up the water is "interfering"...or that if a collector is lineing up on a target fish, and a novice comes whizzing by--scaring the fish, that this is interfering.
    The problem with the interfering critieria is that it could only be useful or enforceable in an area with few if any other divers beyond the collectors.
    When the collectors enter an area with hundreds of divers whizzing all around that area, they can have no expectation of collecting without interference, since diving with such a large group of people in immediate proximity will create the interference. The collectors do not have superior rights to the other divers at the BHB, and if this needed to be tested, I am certain we could establish a legal defense fund, and hire a law firm to represent BHB divers unjustly effected by attempted mis-use of the law as DD referenced it.

    Collectors can collect without interference away from the diving crowds in an enormous ocean...the law was never indended to allow them to force large groups away from a popular dive spot like BHB..which is essentially what this interference criterria would do....

    DD, if you try to test this, you will ultimately lose all collection oppoprtunities at the BHB completely...when the dust settles, and the status of BHB becomes modified by YOUR actions to mobilize the diving masses against you and the others of your ilk.
     
  4. dumpsterDiver

    dumpsterDiver Banned

    # of Dives: 2,500 - 4,999
    Location:
    9,003
    4,674
    Dan, first you indicate that there are no laws or policy that pertain to this situation.

    Later, when presented with the fact that laws do exist, you are almost immediately capable of discussing with authority the INTENT of the law.... Amazing how you go from completely ignorant of the existance of the law to being able to expound upon it's intent in only an hour .... :confused::confused:

    Do you have any references which will enhance our understanding of the "intent" of this law or are we supposed to just take your word for it?

    I'm not sure this is even relevant to the discussion, but this statute would seem (to me as a layman) to be relevant and may provide a clue as to the intent of the "harrassment statute". Seems that these "rights" are important enough to be provided special protection.... Maybe I'm wrong?


    379.104 Right to hunt and fish.—The Legislature recognizes that hunting, fishing, and the taking of game are a valued part of the cultural heritage of Florida and should be forever preserved for Floridians. The Legislature further recognizes that these activities play an important part in the state’s economy and in the conservation, preservation, and management of the state’s natural areas and resources. Therefore, the Legislature intends that the citizens of Florida have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by general law and by s. 9, Art. IV of the State Constitution.
    History.—s. 8, ch. 2002-46; s. 8, ch. 2008-247.
    Note.—Former s. 372.002.
     
  5. Lobstah Slayah

    Lobstah Slayah Contributor

    523
    2,420
    Dumpster,
    You referenced the taking of game. Are tropicals that are collected, considered game? Game, to me, means something that is hunted and killed for sport or to eat. It seems to me that divers at BHB enjoy diving there for the diversity of wildlife that can be seen. Why are you advocating the taking of tropical marine life at the bridge? Is this something that you do or are you just arguing a point?
     
    Last edited: Apr 13, 2011
  6. danvolker

    danvolker Dive Shop

    # of Dives: I'm a Fish!
    Location: Lake Worth, Florida, United States
    5,884
    3,012
    DD. Lets get clear on this. I don't give a "dump" about whether or not you want to take my word for it.
    This has moved far beyond a "friendly discussion" on Scubaboard. This is now personal, not just for me, but for many, many other people in this thread. I think the posts you have been making regarding collecting, are becoming insults to this community.

    I think you are far too cowardly to discuss any of this with the regulars of BHB in person, you just like trying to urinate on everyone here on Scubaboard.

    I'm done with this.

    I would formally request that the moderators remove you from Scubaboard. Any value your past posting history may have had, has been shattered by your selfishness and constant desire to shock and upset the regular posters here with behaviors and opinions that are about as welcome as a "Nazi in a Synagogue".

    Anybody else on this? Should he be here, or should he be gone?
    Would anyone miss him ? :wink:
     
    scubajim 1, DiveDivaDM and Splitlip like this.
  7. Zieg

    Zieg Solo Diver

    824
    242
    Damn Dan, you are waaaaay too thin skinned. But then again I've noticed that you are that way with anyone who may disagree with your opinion. All I see is DD discussing the "laws" of collecting, spearing, and harassing; right or wrong. And I bet he's getting no small bit of enjoyment tweaking your nose. Now you come, call him names, essentially calling him out, making noises about getting him banned from ScubaBoard. I would miss him. I've enjoyed a lot of his posts, just as I've enjoyed some of yours.

    Now DD, stop poking the bears. It just pisses them off, and then they start growling. As for the laws, DD, I disagree about the spearing. I believe that taking a fish with a knife falls under spearing and spearfishing. I would like to see this letter you got from the FWC. As for the question about whether or not you can legally take fish where the flounder in question was taken, I'm not going into that since I don't know exactly where the fish was taken. I've never measured the area to see.
     
  8. dumpsterDiver

    dumpsterDiver Banned

    # of Dives: 2,500 - 4,999
    Location:
    9,003
    4,674
    You came close, thank goodness you didn't call me Hitler. :shakehead::shakehead:
     
  9. BHB ScubaTroll

    BHB ScubaTroll Solo Diver

    # of Dives:
    Location: Florida Diver
    6,642
    489
    Scott, it's up to you to ask for the thread to be cleaned of the "crap" posts... 99% on the thread encourage you to ask a mod to clean up the "banter" portions that are outside the the "ideal" of the thread...

    I'm just printing what some have asked me in PM
     
  10. Scott L

    Scott L Solo Diver

    # of Dives:
    Location: North Palm Beach, FL
    10,277
    1,358
    Just when the thread gets interesting, you wish to "clean it up" :D What, by the broad definition of "The continuing sagas of the Blue Heron Bridge" would not be suitable. :idk:
     

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