Is there a license just for spearfishing?

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Where is the alpha actually required, though?

In the US, Mexico, and Caribbean, I've never even seen the alpha used. Not cruising much further than that anytime soon.

This gets a bit complicated and a bit technical.

The red and white "Diver Down" flag is not mentioned in any federal or international regulation but is in common useage throughout the US, Canada Mexico and the Carribean. Most states have laws requiring its use but they vary from state to state.

The International Code of Signals lists the letter "A" as meaning, "I have divers down. Proceed with caution at low speed." Anything representing the letter "A" will do, especially the code flag, "Alpha." The International Code of Signals is a system of communicating between vessels and is authorized by treaty but is not regulatory in nature.

Both the COLREGS (International Regulations for the Prevention of Collision at Sea) and the US Inland Rules are regulatory in nature and have the force of law. Both the COLREGS and the Inland Rules require vessels that are "restricted in the ability to maneuver" to display the dayshapes "ball - diamond - ball" in a vertical line in daylight and the lights "red - white - red" at night. Boats engaged in diving activities whose small size makes it impractical for them to display the day shapes may display a one meter square ridgid replica of the alpha flag as a substitute for the shapes.

It is up to the master of the vessel to decide when his vessel is "restricted in the ability to maneuver" but in the event of a collision with another vessel or another vessel and a diver I would think it would be difficult for the master to explain why he thought he was not required to display the proper warnings.
 
So, basically almost every dive boat captain in the US is breaking the law every time they go out. I think I'll pick up an alpha flag too...just to be in full compliance.
 
captndale is correct... but to clarify

in the old days, divers made a vessel stay put. The umbilical cords mandated that and they were indeed limited in their movement. Today's dive boat is more of a chase boat with a LOT of maneuverability and so the alpha flag may not apply. In fact, I have not heard of the Coast Guard citing a boater for not flying the alpha flag here in the US. They will cite you for not having the Divers Down flag.

The alpha flag is NOT a "Divers Down" flag. It only means that the boat has limited maneuverability. Divers should never pull an alpha flag on their float. It's for vessels only. They need to carry a Divers Down flag and as captdale suggested: the Divers Down Flag Laws change from state to state. Florida requires a 300 ft berth except under special circumstances (steerage, draft issues, etc) for a vessel and requires that the diver remains within a 100' of the flag.
 
Good point. I hadn't thought of that. Otherwise, and anchored boat, divers or not, would have to fly an alpha flag.
 
The alpha flag is NOT a "Divers Down" flag. It only means that the boat has limited maneuverability.

The letter "A" does mean, "I have divers down" as specified in the International Code of Signals.

A ridgid replica of the alpha flag as specified in the COLREGS and Inland Rules means "Restricted in the ability to maneuver" but is only specified for boats engaged in supporting divers. Vessels that are restricted in the ability to maneuver but are not involved in diving operations may not use the Alpha flag; they must display the day shapes.
 
Good point. I hadn't thought of that. Otherwise, and anchored boat, divers or not, would have to fly an alpha flag.

No, a vessel at anchor is not necessarily considered restricted in the ability to maneuver. A vessel at anchor must display a black ball in the foreward part of the vessel during the day and an all around white light at night unless in a designated anchorage.
 
I know they're all different. My question is simply does salt water fishing license = license to angle and spear, or is there actually a spear fishing license? I'd assume it's just a fishing license, because there were very vague references to spearing on some of the sites pages, but no info about an actual license.

For example, NJ doesn't have a license, so I registered with NOAA. I assume that means I can also spear in NJ?

Hire a captain? I dive off my own boat? Also I'm going to be traveling a lot, so let's say the entire East coast?

Marine Fisheries Council endorses saltwater license

Published: Thursday, September 02, 2010, 8:28 PM Updated: Thursday, September 02, 2010, 10:05 PM

Al Ristori

A dramatic vote was taken at yesterday's monthly meeting of the Marine Fisheries Council when a motion to endorse a saltwater fishing license as a means of funding marine fisheries within the Division of Fish & Wildlife was passed unanimously.

The N.J. Federation of Sportsmen's Clubs and the Cape May Party & Charter Boat Association have been on record as supporting this concept, but the Council's motion will probably result in the required legislative action for consideration. The very mention of a saltwater license has always been poison in N.J., but with many of our state's anglers now having to buy a New York or Delaware license, the prospect of reciprocal licenses and sending money to N.J. rather than a neighboring state may make a difference. In addition, we will have to deal with the federal registry next year -- when it will no longer be free unless we have a state license.

Yet, Dr. Pat Donnelly said those concerns weren't the reason for the license proposal. Our marine fisheries are run on a budget of just $380,000, while North Carolina (a state with about as many fishermen) has an $18 million budget, about half of which comes from the recreational license. Donnelly noted that we probably could have had more liberal tautog regulations if we had the personel last year to provide the required statistics to back up our case. The same thing may apply next year with shad and river herring.

There will be a lot more about this in the weeks to come, though there isn't even a bill in the Legislature to put a license dedicated to Marine Fisheries into law. Let the debate begin!

© 2010 NJ.com. All rights reserved.

Marine Fisheries Council endorses saltwater license | NJ.com


NJ fisheries council may endorse saltwater license

By KIRK MOORE • STAFF WRITER • September 2, 2010

GALLOWAY — The state Marine Fisheries Council took a step Thursday toward endorsing a state saltwater fishing license — but the advisory panel said it would support alternative funding proposals, too.

Pending legislation to create a "conservation lottery" and a saltwater fishing automobile license plate the alternative proposals should explicitly dedicate the proceeds to the chronically under-funded Bureau of Marine Fisheries, council members said.

Both those alternatives have been promoted by the Recreational Fishing Alliance, which is adamantly opposed to a state saltwater license. But top officials in the state Division of Fish and Wildlife and some fishing advocates support the license as a stable funding source for state fisheries management.

"New Jersey and Hawaii are the only two coastal states that don't have a saltwater fishing license," said Thomas McCloy, the division's marine fisheries chief.

Both license supporters and opponents agree New Jersey shortchanges its fisheries programs to sometimes-dangerous levels. The money that comes from seafood and recreational fishing puts New Jersey in the top tier of East Coast fishing states, right behind leaders like Massachusetts and Virginia, but industry advocates complain the
Legislature always fails to spend enough money to manage those resources.

For example, the Division of Fish and Wildlife's inability to adequately patrol shellfish waters earned a rebuke this year from the U.S. Food and Drug Administration, which warned that federal certification of its clams and oysters could be at risk. Now the division is scrambling to add patrol officers and new boats.

Activists with the Recreational Fishing Alliance asked the council to support both the lottery and license plate proposal. The federal saltwater angler registry that started this year is counting New Jersey anglers, and there is no legislation proposed yet to create a state license, said Adam Nowalsky, a charter boat captain who works with the alliance.

"There's a federal registry out there. We don't even know if there will be a fee yet," Nowalsky said.

It's "reasonable to think the federal government will not charge us now," added Alliance member Fran Verdi.

In a report, the council's executive committee stressed the state license as the most viable vehicle to provide a stable, sustainable funding base for fisheries management, said council member Patrick Donnelly.

His colleague Ed Goldman was unconvinced.

"The license could be worse than the first two possibilities," Goldman said, referring to the lottery and license plate sales.

Finally, council members agreed to adopt the report with new wording that kept the saltwater license idea foremost, but recognized the alternatives and noted: "The committee endorses these funding options as well."

NJ fisheries council may endorse saltwater license | APP.com | Asbury Park Press
 

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