Proposed rule to ban marine life feeding?

[Glenn A. Arthur]

Would someone please correct me if I have misunderstood the present
state of affairs in Florida. Is this ban now law or in a process of
becoming?

[Glenn A. Arthur]

Thanks. Been there, seen that. What's next?

> http://floridaconservation.org/whatsnew/postcomm-sep01-st.html
>
> PROPOSED RULE WOULD HALT MARINE LIFE FEEDING
>
> September 7, 2001
> CONTACTS: (Marine issues) Lee Schlesinger (850) 487-0554
> (Freshwater and wildlife issues) Henry Cabbage (850) 488-8843
>
> The Florida Fish and Wildlife Conservation Commission (FWC), during its
> Sept. 5-7 meeting at Amelia Island, directed its staff to prepare a rule
> to ban the practice of divers in the water using food or other
> substances to attract marine animals. Commissioners cited the
> possibility that artificial feeding may alter the natural behavior of
> marine animals, causing public safety concerns.
>
> At least four scuba diving tour operators in Florida use food to attract
> marine predators for adventurous divers. For the past two years, the FWC
> has worked with the dive industry to develop a set of guidelines
> regarding marine life feeding. However, during the Sept. 6 session of
> the FWC meeting, tour operators said the proposed guidelines were too
> restrictive and indicated they would not abide by them. Commissioners
> then passed a motion to draft a rule which would make it illegal to feed
> marine life during such dives.
>
> "Feeding marine life disrupts the natural behavior and feeding habits of
> fish and other animals," FWC Chairman David Meehan said. "That is not in
> the best interest of marine life, and it could pose a threat to public
> safety."
>
> Commissioners emphasized their decision to draft the rule is not linked
> to recent publicity about conflicts between sharks and beach goers. Most
> shark bites occur near shore in shallow water, but scuba divers
> frequently dive much farther out and in deeper water.
>
> Despite wide-spread attention in news media this year, 2001 has not been
> an extraordinary year for such incidents, and they are not linked to
> marine-predator-feeding dive tours. Most bites have been minor, and
> there have been no fatalities in Florida. Marine biologists believe most
> of the bites have occurred where sharks -- while feeding on schools of
> bait fish near shore - mistake swimmers, waders or surfers for food in
> murky waters at peak feeding times.
>
> Beach goers can minimize risks by avoiding the water during morning and
> evening hours, staying out of murky waters all together and by avoiding
> wearing shiny jewelry that may resemble bait fish to sharks.
>
> Commissioners will vote on the rule during their Oct. 31 - Nov. 2
> meeting in Key Largo. The proposed rule would not prohibit fishermen
> from using bait to catch fish.
>

[icediver]

I'd like to know too. If the Florida Fish and Wildlife Commission
is anything like the Wisconsin Department of Natural Resources (my
state), when a ban is voted upon by the board, it soon becomes law
almost without exception.

njd...@bellatlantic.net (Glenn A. Arthur) wrote in message news:<fd52c138.01092...@posting.google.com>...

[Glenn A. Arthur]

Depends on how the Legislative and Executive branches of Florida have set up
their Commission. My State recently allowed the fisheries commission to
promulgate their own regulations. Now we have to watch them (State
Register) like hawks, get the word out, attend hearings across the State and
"comment" in writing and by testifying. And still they pass most items.

"icediver" <iced...@chorus.net> wrote in message
news:21ee0662.01092...@posting.google.com...

[Glenn A. Arthur]

Thanks to John Stewart in Florida. Via e-mail from Peggy Bowen, Director,
New Jersey Council of Diving Clubs

Edited from:

The Florida Administrative Weekly,
Volume 27, Number 39, September 28, 2001
Section II - Proposed Rules 4510-4512

68B-5.005 Divers. Fish Feeding Prohibited; Prohibition of Fish Feeding
for Hire; Definitions.

(1) No diver shall engage in the practice of fish feeding.

(2) No person shall operate any vessel for hire for the purpose of
carrying passengers to any site in the saltwaters of the state to engage
in fish feeding or allow such passengers to any site in the saltwaters
of the state to engage in fish feeding or to allow such passengers to
observe fish feeding.

(3) For the purposes of this rule:
(a) "Diver" means any person who is wholly or partially submerged in the
water, and is equipped with a face mask, face mask and snorkel, or
underwater breathing apparatus.
(b) "Fish feeding" means the introduction of any food or other substance
into the water by a diver for the purpose of feeding or attracting
marine species, except for the purpose of harvesting such species as
otherwise allowed by the rules of the Fish and Wildlife Conservation
Commission.

PROPOSED EFFECTIVE DATE: January 1, 2002

THE FISH AND WILDLIFE CONSERVATION COMMISSION WILL
CONDUCT A PUBLIC RULEMAKING HEARING ON THE PROPOSED
RULES AT THE TIME, DATES AND PLACE SHOWN BELOW:

TIME AND DATES: 8:30 a.m. - 5:00 p.m., each day, October 31, 2001 - November
2, 2001
PLACE: Westin Beach Resort, U.S. Highway 1, Mile Marker 97, Bayside, Key
Largo, Florida