Fishermen vs divers - right of way question (S. Florida)

[MattFL]

My goal is to stay legal, so I'm looking for someone who might know a bit about the laws in FL. As this place becomes more insanely over populated, confrontations between divers and fishermen are occurring much more often. Both want to be at the same location, where the fish are. Here we are very near the gulf stream and the current runs 3-4 mph, so fishermen will drop in then drift over the areas with bottom structure where the fish are. Commercial recreational dive boats come drop their divers in the same exact location, and they're not shy about dropping in directly in the path of the drifting fishing boats. My question is; assuming a fisherman is already drifting and fishing, then a dive boat pulls up near by and directly in the path of the fishing boat and starts dropping in divers, who has the right of way? Note the fishing boat is drifting 3-4 mph and not under power, and the dive boat pulls up within a hundred yards or two, so the two will meet within minutes. The law is clear about approaching a dive flag while under power, but I'm not clear on the laws when drifting (not under power) and the drive boat puts themselves directly in the path of the drift.

 

[dingbat]

We fight the same issue with sail boats...

Unfortunatly, there are no right of way considerations given to vessels while recreational fishing.

If the dive flag or the bouy is out, you are required to stay clear of the area.

 

[dwco5051]

When drifting you are still considered underway. Therefore a boat anchored or aground down wind is the privileged vessel and it is your responsibility to stay clear, whether or not it is a boat tending divers. It always law to stay clear of a boat with divers down. Bad manners and the law don't always agree.

 

[MattFL]

Thanks guys for the replies. The drive boats here don't anchor. The current is running strong so they are constantly idling in circles to stay over the drive site and to run around and pick up divers. The divers frequently pop-up hundreds of yards away from the drive boats, having been carried by the current, so we're always on the lookout for those guys. So we are both underway it appears. Which also complicates things. Sometimes we try to give the drive boats the required 100+ yards, but the dive boats are driving around in 1/4 mile diameter circles.

 

[KJM]

Would it work if the fishermen anchored and then the dive boats would have to work around you? Up here boats drift fishing and whoever got the smaller boat usually gets out of the way.

 

[Scott Danforth]

diver down flags and buoys have right of way and other vessels must maintain 300 foot clearance and divers must make reasonable effort to stay within 100 feet of the flag or buoy

https://myfwc.com/boating/regulations/

 

[gm280]

Well I never had to deal with such things directly. But I have been fishing lake coves minding my own business when jet-skiers pop into the same cove and literally come within casting distance lots of times. Talk about making waves... Seems some people would rather make enemies then friends.

Gone are the days when people were polite and caring it seems. I've had other fisherman come in and take over areas I've been setup and fishing and don't think anything about it. Same with hunting clubs. Decency and common sense manners seems to be missing with increasingly more that who knows what will happen in a few decades. The Golden Rule is dead and gone! JMHO

 

[Scott Danforth]

we had an impolite baw bag at the ramp yesterday that was taking up the whole dock because he refused to move his boat to the end while he was waiting for his meth-headed friend to run to go get bait. he tied the one dock up for over an hour according to the other upset folk there.

 

[dingbat]

Gone are the days when people were polite and caring it seems. I've had other fisherman come in and take over areas I've been setup and fishing and don't think anything about it. Same with hunting clubs. Decency and common sense manners seems to be missing with increasingly more that who knows what will happen in a few decades. The Golden Rule is dead and gone! JMHO

I hear what your saying but the reality is that the population of the US has doubled in the past 60 years.

Same pie, 1/2 the serving size.

The twenty acres and a mule we grew up with is down to 1/5 acre and an electric push mower....lol

 

[gm280]

I hear what your saying but the reality is that the population of the US has doubled in the past 60 years.

Same pie, 1/2 the serving size.

The twenty acres and a mule we grew up with is down to 1/5 acre and an electric push mower....lol

dingbat, I totally understand what you are saying, but common decency should still be rule number one taught both at home and schools. I mean otherwise, who will teach the new generations. I 1000% treat each person I meet exactly how I would like to be treated. Sad part is, so many these days have never ever heard of that statement! We are regressing into a dog eat dog world. JMHO!

 

[racerone]

I have stated it for years.----The schools are too big these days.--------If I remember right my high school had about 1000 students in the 1960's. we all got along great.----Today high schools are much bigger.-----Just like too many pigs in a barn you get fights !!

 

[KJM]

I hear what your saying but the reality is that the population of the US has doubled in the past 60 years.

Same pie, 1/2 the serving size.

The twenty acres and a mule we grew up with is down to 1/5 acre and an electric push mower....lol

Well a recent report says the world population will peak in the next few decades and then begin to go down. The world could really do with a lot less people using limited resources (and fishing spots and boat ramps!)

 

[gm280]

Well a recent report says the world population will peak in the next few decades and then begin to go down. The world could really do with a lot less people using limited resources (and fishing spots and boat ramps!)

Actually there was a video I saw not too long ago talking about the human population. And contrary to what we all hear, the planet is not over populated according to the video. They actually stated that if every person was assembled in one large group, they would even cover even 1% of the planet. And they made a comparison to land size, but I don't remember what that comparison was now. But it was very interesting seeing that video. Seems we are told all about the over population, but maybe that isn't as true as we are told. We so many times take what we are told for gossip truth that we don't even think about it. I have no real idea, but how do we know for certain either way?