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Dear Mr. Broadwater:
Take a deep breath. Read this post and TRY to put yourself in my shoes. Give
me five minutes of your time so that you may begin to grasp what is
bothering so many divers.
Rather than deal with structurally unsound philosophical points of view,
often built on shakey foundations of political and economic motives, allow
me to offer some perfect real life examples of how our city, county and
federal state goverments have written into law and are enforcing idiotic and
asine rules and regulations regarding technical and recreational diving.
CITY: The city of Laguna Beach, California forbids me from teaching SCUBA on
a public beach during the summer months between the hours 7 and 11 AM. They
feel that four or five SCUBA students represents a risk to bathers and are
an infringemnet on others citizens use of the the beaches. The same beaches
that are EMPTY until 10 AM when the sun bathers even start to show up !
My soultion: Explain and educate the police and city the authorities that I
am on standing on the aquatic side of the high tide mark and are therefore
on State owned land, their city ordinances do not apply and they do not have
jurisdiction. Explain that in Southern California the SAFEST time to beach
dive is often in the early morning hours. Explain that SCUBA divers have a
right under the California constitution to full and complete access to the
ocean at any time.
There are some California cities that have outlawed beach night diving !
I will let a judge and jury determine the constitutionality of these laws.
COUNTY: The county of Orange has adopted policies that require divers to "
wear a snorkel, dive with a buddy, etc. etc. " when diving. I have been
challenged by the lifeguard when I go out late and night BY MYSELF AND
WITHOUT A SNORKEL to do some lobster hunting. I have been challenged when I
go out during the day to free dive and hunt.
My solution is explain to the lifeguard that I am crawling around in holes
and crevices and small caves to get the bugs, and have no need for a buddy
or a snorkel. Actually, I often go diving by myself because I like to dive
by myself. Too much of my diving is with current students or former students
and its really nice to go get wet SOLO. I explain to the lifegurad that when
freediving I will not use a snorkel, or when hunting I will not dive with a
buddy.
I will let a judge and jury determine the constitutionality of these laws.
STATE: I often have run-ins with State officials, especially at Avalon, CA
over bringing up anchors and chain and rope that have run afoul on deep
reefs and other underwater obstructions and have been abondonded. I usualy
bring back two or three complete sets of ground tackle every other weekend.
( Interesting note that the brother of the Harbormaster has the COMMERCIAL
salvage contract for the area I like to dive. )
My solution was to contact the head of the California Land Commission and
ask them what laws I was violating. They stated there are no laws they can
think of taht I was violating but " Don't do it anyway because boat captains
and Harbor official really don't understand the laws. "
I will let a judge and jury determine the constitutionality of these laws.
FEDERAL: After having completed a SCUBA class of three basic/open-water
divers off a dive boat in the Channel Island National Marine Sanctuary, I
gave each student a Chestnut Cowry shell for them to remember the day, and
all the hard work they had put in the class. Cowry shells are small
peach-pit sized molluscs that extremely numerous both alive and dead in
Southern California. I was yelled at by the boat captain for bring up three
dead shells and was told I had committed a federal crime and that I had to
throw them overboard.
My solution was to calmly explain to the boat captain that my fish and game
license allowed me to take this game, but SINCE THE SHELLS WERE EMPTY THIS
DID NOT APPLY. Three small dead sea shells taken at 30 FSW on an island 45
miles offshore do not constitute a valuable federal resource.
I will let a judge and jury determine the constitutionality of these laws.
Cal OSHA has informed me that when I teach, I cannot teach on NITROX. EVEN
WHEN TEACHING A NITROX COURSE !!
Boat captains are afraid to store Oxygen for blending nitrox aboard their
Coast Guard inspected vessels for fearthe inspection team does not
understand their own USCG rules and regulations.
Stop this insanity.
I will not go over such items already beaten to death on this list such as
OSHA regulations on technical diving and nitrox or shipwreck laws. Those
have already been covered by others.
I applaud both yourself and NOAA as being part of the self righteous, most
economically driven and civil rights infringing arms of our federal
government. Keep up the good work and I will continue to enforce my rights
of freedom of speech until you and yours ATTEMPT to take that away from me
and mine too.
Kevin Rottner
"Don't forget your history,
Know your destiny,
In the abundance of water,
The fool is thirsty."
Robert Nesta Marley
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=( )= oo
Kevin Rottner
Southern California SCUBA
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