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Before the debate about the need of guides in Brazilian cave dives gets out of proportion, some issues must be addressed: 1. In Brazil, there is a public policie that tourism development should support local devolopment, specially if the local community is poor. So, investments in places with turistic potential should be conneced with the generation of jobs for the local community. Since this is a national policy, it is impossible to aprove, in Local, State or Federal levels, projects that won´t contribute directly to employment generation. If you add the need for enviromental conservation and the enviromental laws, in Brazil natural atractions can only be visited with a local guide. That applies for most of the ecoturism that is done in Brazil. 2. In NSS/NACD textbooks and courses, one is thought to respect local legislation and owners property right (for example, there are many caves in Florida that are forbidden for divers because of landowners rights...). Well, in Brazil we have a very specific legislation. The cave belongs to the Union, even though is located in a private owned land. So, the Union has the legal right to legislate about the usage of the cave (including the possibility of diving or not in it). There is another legal issue in discussion - if the cave is owned by the Union and the owner of the land wants to explore it commercially, he must follow some legal rules - the "Portaria 89". 3. The rules permitting cave diving have just been approved. Generally, the owner and a diving center should apply for a permission and after it is granted, is the sole responsable for the cave conservation. If anything happens in the cave (destruction, incidents or accidents), the owner and the diving operator are legally responsable, and penalties varies from fines to prision, depending on the offense. 4. The "portaria 89" should respect public policies, including the one that ask for generation of jobs locally trough the obligation of guided dives. Some members of the cave diving community, who were participating in the discussion for the regulamentarion of cave diving in Brazil were against the need of the guide. But, since there is the public policy and the dive operator and the land owner are legally responsible for any incidents / accidents / destruction of the cave, the obligation seems obvious, at least legally. 5. That doesn´t mean that the guide has to go inside the cave with each diver. If he/she is sure that the diver knows his/her way and has the buoyance control needed for the more decorated caves, the guide can let the dive team go into the cave alone. But, if something happens, the guide and the landowner are legally responsable, since the cave exploration is a Federal concession. So, to resume the debate, before start writing offensive messages to the Brazilian Cave Diving community, one should know more about local regulation and remember what he/she learn ins his/her cave diving course... Best Regards, Sergio Viegas Coordenador Secao de Espeleologia Subaquatica Sociedade Brasileira de Espeleologia www.sbe.com.br -- Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
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