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Date: Mon, 11 Mar 1996 18:52:24 -0800
To: techdiver@terra.net
From: cherf@ci*.co* (Scott Cherf)
Subject: Question for the fish experts
Folks -

I need some expert help.  There's a proposal in process here in California
to prohibit attracting or attempting to attract Great White Sharks within
3 miles of the Monterey Bay National Marine Sanctuary:

On 12 Feb. 1996, NOAA wrote in 61 FR 5335
("Regulation to Prohibit the Attraction of White Sharks in
the Monterey Bay National Marine Sanctuary;
Clarification of Exception to Discharge Prohibition"):
*
*  [Sec.] 922.132 [proposed] Prohibited or otherwise regulated activities.
*  [...]
*  (10) _Attracting_ or attempting to attract any white shark
*  in California state waters--3 miles seaward of mean high tide--
*  in the Sanctuary.

There's been a fair amount of debate on the wording of this proposal,
and whether or not it could be interpreted in such a way as to prohibit
diving in the Sanctuary, on the grounds that diving attracts white sharks.

It seems to me that the wording of the proposal would only make diving
related attraction a 'crime' after the fact of attraction (i.e. after
a GWS was sited in persuit of a diver) and therefore not too worrying.

Other's are concerned that the very act of diving might be considered
an 'attempt to attract' sharks.  My question is, is there any reason to
believe (as an expert on shark behaviour) that divers attract sharks;
specifically, can it be proved beyond reasonable doubt that the population
of White Sharks in an area is related to the population of divers in the
same area?  I think I know the answer, but I'd like an expert opinion.

If you wouldn't mind, I'd also appreciate your permision to re-send your
responses (with appropriate citation) to the ba_divers mail alias, there
are lots of folks on that list that have their shorts in a bunch over
this issue.  If you would prefer not to be quoted, say so, but I'd like
your opinion anyway.

Thanks,
Scott.


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