Dive Boat Operators Sue Over Licensing Requirement

MIAMI (CBS4) – With mini-lobster season right around the corner, some South Florida charter dive boat operations are fighting a new state policy which would require them to pay several hundred to several thousand dollars for vessel-fishing licenses.

The Diving Equipment and Marketing Association and South Florida dive operator Jeff Torode filed a lawsuit Monday in Leon County circuit court against the Florida Fish and Wildlife Conservation Commission.

The case centers on a commission memo last month that could require charter dive boats to spend hundreds of dollars on licenses if their passengers want to catch spiny lobsters and fish. This type of license is required by charter fishing boats. Dive boat operators maintain they just take divers to and from sites, and their primary mission is not one of capturing marine life.

In September 2010 document included in the lawsuit, the FWC argued that dive operators know that some of their passengers plan to try to catch lobsters and fish. It said divers come on board with such things as nets and spear guns.

"Historically, dive-charter vessels have argued that they are simply a 'taxi' for the divers and it is not their concern what activity the divers engage in once at the dive site," according to the commission document. "This is not a valid argument.''

The lawsuit maintains the state has not required such licenses for at least two decades.

It says the new policy "places hundreds of dive charter vessels in the position of either purchasing licenses for their vessels, pursuant to the new interpretation of the law … or risk receiving a citation and fines if they fail to do so.''

The lawsuit seeks an injunction, as a "mini" lobster season is scheduled July 27 and 28.

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