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October 2022    Download the Entire Issue (PDF) Available to the Public Vol. 48, No. 10   RSS Feed for Undercurrent Issues
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Fishermen versus Divers Comes to a Head in Florida

charged with a felony for freeing fish

from the October, 2022 issue of Undercurrent   Subscribe Now

Fisherman versus divers in Florida

Ghost fishing nets and discarded lines seriously threaten marine life throughout the world's oceans. Long-line fleets troll thousands of baited hooks on miles of fishing line that at times break free, littering the seas and forever attracting all manner of marine life, including turtles, sharks, and dolphins that get caught or entangled and die a slow death.

So, you and we find quite praiseworthy the deeds of Floridians John Moore, Jr., 56, and Tanner Mansell, 29, who were aboard Moore's shark diving charter vessel on August 10, 2020. Along with several passengers, they launched out of Jupiter Inlet for what was supposed to be a typical trip of snorkeling and scuba diving among lemon sharks and bull sharks.

During a dive, they came across a long line specifically placed to catch and kill sharks. They thought the line was abandoned and did what many of us would have done. They freed what living sharks and fish they could and hauled it in. It was at least two miles long with more than 150 hooks.

They were more than three miles offshore at the time and within the 200-mile federal jurisdiction. Shark feeding for the benefit of divers is banned within three miles of the Florida coastline. When they returned, they reported the abandoned line to the Florida Fish and Wildlife Conservation Commission.

As they say, no good deed goes unpunished. Moore and Mansell were later indicted by a grand jury and charged with larceny within a special marine jurisdiction - a felony with a maximum prison sentence of five years. If convicted, they could lose their licenses and their way to make a living.

The line had been placed in the water by Rich Osburn, a Fort Pierce commercial fisherman. Commercial shark fishermen such as Osburn are few and far between because most do not consider shark fishing worth the time or effort. Complex laws, both federal and state, prohibit shark finning, and new rules ban shipping shark parts from U.S. ports. From our point of view, the trial represents a confrontation between the old and the new, unsustainable shark fishing and marine life preservation. We'll report on the outcome of this case, which will be heard in October.

A GoFundMe page to support the defense of the divers Moore and Mansell in a West Palm Beach trial has raised more than $25,000, with a goal of $130,000. You can support them at https://tinyurl.com/3amzea5v

Sport Fishermen Aren't Happy with Divers Either

When sharks take snapper, kingfish, amberjacks, and grouper hooked by recreational anglers, it's called depredation. Florida sports fishermen say it's become more common because of the increasing popularity of shark diving, where sharks are chummed to attract them.

The anglers claim that sharks have become accustomed to approaching boats that signify an easy meal. So, when a fisherman catches a fish and a shark grabs it, divers get the blame, despite shark depredation beginning when the first human being caught a fish. Sharks are scavengers, looking for an easy meal. They have always plagued fishermen.

But, even where there are no shark feeding operations, such as along Florida's Treasure Coast, Space Coast, or First Coast, anglers still lose fish on their hooks to sharks. And there are no divers to blame.

DEMA is On the Case

Because of the powerful sports fishing lobby in Florida, proposed shark feeding restrictions threaten shark diving in the U.S.

In the most recent version of the Florida Keys National Marine Sanctuary Restoration Blueprint, NOAA has proposed restricting shark feeding except for the purpose of harvesting - catching - them. This would prevent dive operators or divers from chumming or feeding sharks to observe and photograph them. For nearly two decades, Florida has prohibited shark (fish) feeding in state waters, though it had no scientific basis for doing so. NOAA claims that shark feeding creates "human safety issues," but the world's most renowned shark experts disagree.

DEMA (the Dive Equipment and Marketing Association) believes this assertion is being promulgated by the Florida Fish and Wildlife Commission with no supporting data. When DEMA requested data from FWC several years ago, none was provided.

DEMA fears this regulation will be put in place in federal waters in the Florida Keys and will eventually find its way to ALL federal waters, effectively ending all shark diving in the United States.

As a member of the U.S. diving community, please speak up. You can submit all comments through the Federal eRulemaking Portal, https://www.regulations.gov The docket number is NOAA-NOS-2019-0094-1012. Click the "Comment Now!" icon, complete the required fields, and enter or attach your comments.

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