DEMA WORKS WITH FLORIDA FISH AND WILDLIFE COMMISSION (FWC) TO PLACE FAIR LICENSURE LANGUAGE IN FLORIDA BILL

Culmination of Effort That Began Last Year Clarifies Responsibility and Ensures Options for Divers and Dive Operators in Fishing and Lobster Licensing Law

Following months of close collaboration with the Florida Fish and Wildlife Conservation Commission (FWC), DEMA has succeeded in placing language regarding the licensure of dive charter vessels in Florida House Bill 7025. This Bill amends a previous law which would have forced dive charter operators to purchase a fishing and lobster license when advertising for or knowingly permitting scuba divers to take fish or lobster from their vessels while diving.

“It is immensely gratifying to see our work in this matter come to fruition,” commented Tom Ingram, Executive Director of DEMA. “As the previous legislation was written, it was unclear as to who would be required to possess the fishing and lobster license and therefore unfair to both dive charter vessel operators and divers. By working with officials from the (FWC)to ensure that the bill be amended to clearly outline responsibility and provide licensure options, DEMA has taken action that will ultimately protect both divers and dive businesses.”

DEMA became involved in this issue in 2011 because of potential confusion generated just weeks prior to the opening of the two-day Florida lobster mini-season. The FWC threatened enforcement of laws which would have required dive charter vessels to have fishing licenses when divers were aboard taking lobsters or spearing fish, or when the vessel operators advertised to divers to take fish or lobster. Prior to this new enforcement effort by the FWC, individual divers had been required to purchase these licenses, however, the dive charter vessel operators were not required to have a license. This change in enforcement could have resulted in BOTH divers and dive vessel operators being forced to purchase a license, doubling the cost. DEMA worked with the FWC to hold off enforcement of the law until both sides could reach a resolution during the current legislative session. The language in House Bill 7025 makes it clear that there will now be two options for individual divers and dive charter vessel operators. The first option would authorize dive charter vessel operators to purchase a vessel license. In that case, individual divers planning to take or actually taking fish or lobster do not need to obtain a separate license. The second option is for divers to obtain their own fishing license, in which case the dive charter vessel operator would not be required to have a vessel-based license when advertising for or knowingly permitting divers to hunt fish or lobster from the vessel.

“This is a clear solution to the problem which arose last year, and one which will save both divers and operators money by ensuring that there is no ‘double dipping.’ Either the vessel operator or the diver will need to have a license, but not both,” concluded Ingram.

DEMA is encouraging Florida Governor, Rick Scott, to sign the Bill when it arrives on his desk.

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