DEMA Press Release

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DEMA says no to new Dive Charter Fishing License Requirements. Suit filed.

DEMA FILES TO ENJOIN FLORIDA FROM CHANGING RECREATIONAL DIVE CHARTER VESSEL LICENSING LAWS UNTIL AFTER LOBSTER MINI-SEASON JULY 27-28, 2011  

Encourages Dive Boat Operators to Refrain From Purchasing License Prior to the Florida Lobster Mini-Season

DEMA has filed an injunction in an attempt to prevent the enforcement of a revised memorandum regarding fishing and lobstering license enforcement from the Florida Fish and Wildlife Commission (FWC). The memorandum subjects dive charter operators to fines and penalties for failure to possess a Florida fishing license and lobster tag when advertising spearfishing or lobstering trips or when transporting divers who collect lobster or spear fish.

Citing the "unpublished and unpromulgated" nature of the FWC memorandum which changes the long-held procedure requiring that only divers and not the operators of vessels which transport these divers to possess the license, DEMA is also recommending that dive vessel operators refrain from purchasing the vessel-based license prior to the Florida lobster mini-season which runs July 27-28. DEMA has filed the injunction to stop the enforcement of the memorandum and to maintain the status-quo until after the lobster mini-season.

The revised memorandum changes the law, which previously stipulated that only the divers needed to purchase a fishing license and a separate license for lobster mini-season; the dive charter vessel did not require such licensing. DEMA alleges that the process for such a change has not been followed correctly, resulting in confusion to boat operators and divers alike.

"We are concerned that the last minute nature of the decision to enforce the revised memorandum will create confusion among both divers and dive operators, with the result being that many will purchase unnecessary licenses at great cost to the industry," stated Tom Ingram, Executive Director of DEMA.

Ingram continued, "As each and every day goes by leading up to the start of the lobster mini-season, more individual divers and more charter dive boat operators are likely to purchase their own licenses, even though both licenses cover the same activity. If the enforcement of the memorandum is not halted through the courts, individual divers will continue to pay unnecessary license fees and dive boat operators will begin paying license fees, all of which cannot be recovered if the new policy as stated in the memorandum is eventually found to be in violation of the law."

Dives and vessel operators should monitor this situation carefully over the next few days. DEMA will continue to report the progress of the injunction and the outcome of the court's decisions regarding implementing the FWC memorandum.

If you have any questions on this issue please contact DEMA at (858) 616-6408 or legislation@dema.org.  DEMA will continue to keep the Industry informed as this filing works its way through the courts in Florida.