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NOAA has charged two dive business owners in Pensacola, Fla., with illegally operating spearfishing charters without the appropriate permits in federal waters off the Florida panhandle.
NOAA and the Florida Fish and Wildlife Conservation Commission launched an investigation in summer 2007 after NOAA special agents in Niceville, Fla., received several complaints about illegal spearfishing charters running out to the USS Oriskany artificial reef and other popular dive spots off Florida’s northern Gulf coast.
Undercover officers chartered trips on the vessel Daisy D., owned and operated by Jeffery Michael Folds of Southern Offshore Adventures, and the Y-Knot, owned and operated by David John Mucci of Blue Water Adventures. Folds was charged with three counts – operating without a federal charter permit, prohibited use of a powerhead (a device with an explosive charge) to take reef fish, and making a false statement to law enforcement officials.
The proposed fine against Folds is $19,000. Mucci was charged with one count of operating without a federal charter permit and the proposed fine against him is $12,500.
Both men have 30 days from the date they received their notices of violations to request a hearing before an administrative law judge. Mucci received his notice on Nov. 7 and Folds on Nov.19.
“It is important that spearfishing charter operators understand they need the same permits as any other fishing charter operating in federal waters,” said Allan Coker, NOAA special agent in Niceville.
Anyone with information involving illegal spearfishing charters should contact NOAA’s Fisheries Service Office of Law Enforcement national hotline at 1-800-853-1964.
NOAA understands and predicts changes in the Earth’s environment, from the depths of the ocean to the surface of the sun, and conserves and manages our coastal and marine resources. Visit http://www.noaa.gov
I don’t ever post on the forums because people blow things up way out of proportion but I can not sit back on this one anymore. Let me say I know both captains personally. They are not outlaws like it is made out to be. Are they wrong for allowing a guest to bring a speargun out to the Oriskany, yes. but neither one of these guys ran spearfishing charters. the fact is noaa actually tried to book a spearfishing trip on the Daisy D. and not even knowing who they were at the time he stated he does not do spearfishing charters because of not having a reef permit. Is what they are both guilty of and admit to is when a guest would show up to the boat with a gun if it was a big deal to the guest they would allow them to bring it. this is Oriskany trips, nothing worth shooting there anyway! The trips that both captains are charged with where oriskany trips where the undercover guys where the only ones with spearguns and the others where just divers. Yes it is wrong of them allowing someone to bring a spear gun on board for a oriskany trip but this does not sound like they run spearfishing charters to me. the thing I think is funny as hell are the two guys are not even very good spearfisherman. They came back to the boats with the fish on the end of the shaft and cable all tangled up around them, hell one guy even stuck his knife through his hand and had to get bandaged up by the captain. I don’t understand why when there are people actually chartering fishing trips and do not have this permit why these two guys who ran dive boats and allowed someone every now and then to bring a gun onboard was targeted in this investigation.And its very obvious they where targeted. And why the hell are these idiot government agents wasting our tax dollars on two guys that did not run spearfishing charters. Why not go after the boats that are really chartering fishing trips illegally. Just my two cents