Maine Supreme Court Ruling Expands Scuba Divers' Beach Access Rights

While the justices split evenly on the interpretation of why a scuba diver is allowed to use the intertidal zone, the decision itself was unanimous.

Surfers are among those celebrating a Maine Supreme Judicial Court ruling that expands beach rights for scuba divers and leaves room for others to argue that they, too, should have greater access to the ocean.

In a 6-0 decision last week, the court upheld the right of an Eastport scuba diver to reach Passamaquoddy Bay by crossing the wet sand of beach property owned by a neighbor.

The public's right to use the intertidal zone – the land between the mean high- and low-tide marks – has long been a bone of contention in Maine, where coastal ownership law dates back to a 17th century ordinance limiting public use of the area between high and low tide to "fishing, fowling and navigation."

Adam Steinman, a lawyer who also surfs, filed a brief in the case – taken up by the court last November – on behalf of the national Surfrider Foundation.

"From the Surfriders' perspective and from the perspective of the people of Maine and getting access to a very unique resource, the ocean is not really very good if you can't get there," Steinman said. "And if the only way to get there at low tide is by crossing what arguably is private land, then you have a problem. I think this case opens that up."

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Mediterranean WWII Wreck to be "Preserved at all Costs"

The sunken supply barge near Manoel Island, which now holds a Class B certification, was originally designed for service in Gallipoli in 1915 and is the only ship like it in the world preserved fully intact.

A one-of-a-kind sunken wreck from World War II lying near Manoel Island has been scheduled as a site of archaeological importance to be preserved “at all costs”.

The wreck is an X127 Waterlighter used as a submarine supply barge during World War II and sunk by enemy fire while still lashed to its moorings beneath the arched colonnades of the Lazzaretto.

It was among 200 originally designed for the Gallipoli campaign in 1915 by Walter Pollock and Son of Faversham in Kent and is the only one in the world that has been preserved intact.

The site in Lazzaretto Creek is touted as ideal for diving and a number of divers have campaigned for it to be protected. They were worried it would be spoiled by the yacht marina planned as part of Midi’s Mediterranean marina village project on Manoel Island.

Last year, Midi CEO Ben Muscat had been reluctant to give a guarantee to protect it, saying: “We will try to work around it as much as we can. The breakwater won’t touch the wreck but at the end of the day it is still going to be smack in the middle of a marina.” He did not anticipate any works taking place close to the site but could only pledge to save the site “to the extent that we can”.

However, the wreck has now been protected through a legal notice that has just been published. This gives it a Class B certification which means it is “very important to be preserved at all costs”. Adequate measures must be taken to preclude any damage from immediate development, a spokesman for the planning authority said.

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Calls for More Precautions as Lobster Diving Increases

From the San Diego News Room:

It’s not easy to catch a lobster.

Geared up in scuba equipment, one must dive to the depths of the ocean, often more than 60 feet, in the dark. These crustaceans come out at night when predators can’t see them. Experienced lobster hunters say swimming far and fast, covering a lot of territory, is key to nabbing one with a swipe of the hand before it can scurry away. One must be quick (it only takes a tenth of a second for the critters to notice the presence of a human), but also careful — sometimes lobsters hide in holes with sea urchin, and a wild grab can land a diver in the hospital. Sharp spines on a lobster’s whipping tail can draw blood.

Some do it for the thrill, and others for the tasty meal. Either way, La Jolla is one of the most frequented destinations in San Diego during lobster hunting season, which opened last month, bringing a slew of aficionados to its waters. San Diego Lifeguard Lt. John Everhart said the sport seems to be gaining popularity, but with that increase in popularity comes more people confronting the dangers associated with lobster diving. Since opening night, which fell on Oct. 2 this year, there has been one death and several rescues of lobster divers.

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Also, be sure to note the California hunting rules at the bottom of the article.

Lobster hunting rules from the California Department of Fish and Game (DFG)

• Recreational divers may only use their bare or gloved hands to take lobsters, and their bag limit is seven per day.

• Trophy-size lobsters are becoming scarce, so fishing is prohibited in reserve areas.

• A Spiny Lobster Report Card, which costs $7.50, must be filled out immediately after fishing.

• For divers, report cards must be kept within 500 yards of the point of entry.

• Fishers over 16 must have a fishing license and an ocean enhancement stamp.

• Hunters must carry a device to measure the carapace (portion from the eyes to the tail). If less than three inches, it must be returned to sea.

• The lobster must be measured and bagged before being taken out of the water.

Safe hunting!

California Declares SCUBA a "Hazardous Activity"

The law, which takes effect January 1, 2011 and was authored by Assemblywoman Diane Harkey of Dana Point, was written to limit government liability and curtail frivolous lawsuits.

The law, AB 634 was signed Tuesday by Governor Schwarzenegger and releases the state and local governments from liability in lawsuits associated with SCUBA diving. The bill passed in the Legislature without a “no” vote.

Under existing law, public entities and public employees are generally not liable when a member of the public participates in various “hazardous” recreational activities, including kayaking, surfing, waterskiing, white water rafting, and windsurfing. The bill officially adds SCUBA diving to the list of activities defined as hazardous.

“Fear of frivolous lawsuits has hampered efforts to expand recreational activities in many communities,” Harkey said in a statement. “I am pleased that Governor Schwarzenegger signed into law our legislation reducing liability for local and state governments while allowing for more recreational activities such as SCUBA diving, aiding coastal economies, the environment and the state of California."

AB 634 was created with shipwreck SCUBA diving in mind, specifically because diving on shipwrecks can be “hazardous, requiring special training and equipment beyond that for normal SCUBA diving,” according Harkey’s announcement. Because the government will no longer be held liable in lawsuits where a SCUBA diver was injured or killed while diving, coastal communities will be more likely to create more artificial reefs that benefit both adventurous SCUBA divers and the environment. Currently, California only has three ship-based artificial reefs.

Hosam Elshenawi, manager of Beach Cities SCUBA shop in Dana Point was pleased with the legislation.

"I think [it's unnecessary] to hold people liable and find people to blame for what happens during a SCUBA dive," said Elshenawi, who explained all divers sign an "assumption of risk" and other liability release documents before being certified.

"No one wants to blame themselves," he said.

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Your thoughts?

Finnish Government Installs Diving Ban on Champagne Wreck

Earlier this month divers found 230-year old champagne in a Baltic wreck -- a wreck on which the Finnish government has now imposed a diving ban.

The provincial government of the Åland Islands has imposed a ban on diving in the area where a team of divers earlier this month found what could be the world's oldest drinkable champagne.

The Finnish Coast Guard is patrolling the area to keep prevent any unauthorized dives of the 18th century wreck. The ban in a 30 square kilometre zone is to be in effect until the end of December, according to an online report by the newspaper Ålandstidningen.

The paper added that the provincial government is considering if any other measures are needed.

The wreck, which is at a depth of 55 metres, is in good condition and contained a number of intact bottles.

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Hawaii: Wrecking Coral will Cost You

And why wouldn't it? As the article mentions, it's Hawaii's environment that draws such massive tourism.

A Maui tour company is paying the state nearly $400,000 for damaging more than 1,200 coral colonies when one of its boats sank at Molokini, a pristine reef and popular diving spot. Another tour operator faces penalties for wrecking coral when it illegally dropped an anchor on a Maui reef.

The state plans to sue the U.S. Navy to seek compensation for coral ruined when a guided missile cruiser the length of two football fields ran aground near Pearl Harbor in February.

The fines began issuing fines two years ago as part of its efforts to punish those who damage a resource critical to Hawaii's fragile environment and tourism, the state's No. 1 industry.

"People are going to have to be more careful out here, because it if keeps getting damaged, we're going to lose it," said Laura Thielen, chairwoman of the state Board of Land and Natural Resources, which decides how much to fine. "We have to take some very strong action or else it's going to be too late."

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No More Chumming for Sharks off Farallon Islands

From the Los Angeles Times:

It's been a popular sport for thrill-seeking divers and even photo-snapping tourists here and abroad. Toss chunks of fish and blood in the water and wait for great whites to show up. But it will no longer be permitted around the Farallon Islands off San Francisco under a new management plan for three marine sanctuaries off Central California.

Such chumming was abolished years ago off Año Nuevo State Natural Reserve just south of San Francisco, a place frequented by the sharks and marine mammals of various kinds. Beside the seals and sea lions, surfers also take to these waters. Understandably they objected to the practice of teaching white sharks to associate humans with blood and chunks of fish in the water. These waters, after all, are known as the "Bloody Triangle" or "Red Triangle" for the concentrations of humans and white sharks that have brought about a legacy of shark attacks. The triangle roughly covers the waters from Santa Cruz to Bodega Bay and reaching offshore to the Farallones.

Under the extensive new rules, federal officials also forbid attracting seabirds by tossing food in the water, as well as other kinds of sea life. Tour boats will have to remain a respectful 55 yards away when white sharks feed on elephant seas, as they go there to do. That'll make it harder to get a close-up shot, but managers say that whites have been seen abandoning a kill when boats venture too close.

Some researchers and others have used seal-shaped decoys that lie passively on the water's surface to attract sharks. Once the new regulations go into effect in mid-March, such decoys would only be allowed by special permit.

For a different perspective, check out this post from RTSea Blog (Hat tip: Shark Divers).

Regarding the "no-chum" zone, there was a statement made by William Douros, western regional director of the National Marine Sanctuaries program that disturbed me. About the chum regulations, he said, "We just think it was a bad idea for white sharks to associate humans with blood in the water."

While this makes for an interesting news bite (one that the L.A. Times highlighted in the front section as a "quote of the day"), my concern is whether this is anecdotal or supported by solid quantifiable research. I am afraid of the implication that divers participating in shark diving in sturdy cages are somehow exposed to greater danger because, due to chumming, the shark is viewing them as a food source and would consider attacking or breeching the cage specifically because it wants to prey on a caged diver. This is not a behavior that I have witnessed in five years of filming these animals. And this has been supported by people like Rodney Fox and others.

Also be sure to check out Neutral Dive Gear Worldwide: Farallon Islands.

Navy Resumes Sonar Training

In the latest chapter of a story we've been following here for some time now, the US Navy has resumed sonar training off the San Diego coast while the legal battle continues.

The Navy has resumed sonar training off the coast of Southern California as the government and environmentalists battle in court over how the exercises affect whales and other marine mammals.

The training by the carrier strike group of the USS Abraham Lincoln is part of a broader exercise to prepare the group for deployment, the Navy said in a news release.

During the exercises, which began Wednesday and were scheduled to last through February 1, sailors train in anti-submarine warfare, ocean security operations and other areas.

Commander Dora Lockwood, a spokeswoman for the U.S. Third Fleet in San Diego, said Sunday the operations were being conducted "within all the regulations."

The anti-submarine warfare exercises use mid-frequency active sonar. Critics say sonar has harmful effects on marine mammals, possibly by damaging their hearing. Some allege the sonar causes whales and other mammals to beach themselves.

A federal judge this month temporarily lifted certain measures designed to lessen the impact of sonar on whales.

The decision came a day after President Bush exempted the Navy from an environmental law in an effort to allow the service to continue anti-submarine warfare exercises. He said the exercises were in the interest of national security.

The Natural Resources Defense Council had sued to force the Navy to lessen the harm of its sonar exercises. In November, a federal appeals court said the sonar problem needed to be fixed.

See previous posts:

1) Court Orders Navy to Lessen Sonar Impact on Marine Life

2) Bush Exempts Navy From Court Order Limiting Sonar Exercises

Bush Exempts Navy From Court Order Limiting Sonar Exercises

President Bush - in response to a court order from earlier this month - has issued a waiver that exempts the United States Navy from limiting sonar exercises seen as harmful to whales.

Los Angeles, CA (AHN) - The National Resources Defense Council (NRDC) said it will appeal an unprecedented waiver issued by President Bush Wednesday that overrides a federal court order requiring the U.S. Navy to minimize harm to whales and dolphins during sonar exercises off Southern California.

President Bush gave the Navy the waiver under the Coastal Zone Management Act and allowed the Navy a second "emergency" waiver under the National Environmental Policy Act (NEPA).

Both waivers must survive court review for the Navy to legally ignore the injunction.

"The use of mid-frequency active sonar ... are in the paramount interest of the United States," said Bush in a memorandum to the Defense Department.

The U.S. District Court on Jan. 3 required the Navy, among other measures, to maintain a 12 nautical mile no-sonar buffer zone along the California coastline; to shut down sonar when marine mammals were spotted within 2,000 meters; and to monitor for marine mammals using various methods.

"This is not a national security issue. The Navy doesn't need to harm whales to train effectively with sonar. It simply chooses to for the sake of convenience," said Joel Reynolds, director of the Marine Mammal Protection Project at NRDC, which obtained the injunction against the Navy.

Court Orders Navy to Lessen Sonar Impact on Marine Life

From Fox News:

A U.S. District Court in Los Angeles has ordered the Navy to adopt a series of measures that would lessen the impact of sonar on whales and other marine life during exercises off Southern California.

The preliminary injunction issued Thursday requires the Navy to create a 12-nautical-mile no-sonar zone along the coast, have trained lookouts watch for marine mammals before and during exercises and shut down sonar when mammals are spotted within 2,200 yards.

The Natural Resources Defense Council filed the lawsuit to force the Navy to lessen the harm of its sonar exercises. In November, a federal appeals court said the sonar problem needed to be fixed and sent the matter to a trial judge in Los Angeles to hammer out the details.

The council's lawsuit alleges the Navy's sonar causes whales and other mammals to beach themselves. But the Navy has said the exercises are vital for training and claims it already minimizes the risk to marine life.

Scuba Diving, Snorkeling Banned off Cape Coast

It's sad, the measures which government officials are forced to take to protect precious marine resources from scuba thieves.

Authorities in South Africa aim to protect marine resources with a new ban on scuba diving and snorkeling along the Cape coast.

Environment Minister Marthinus van Schalkwyk told CDNN the ban will take effect on February 1, 2008.

All diving equipment, including scuba and snorkeling gear, will be forbidden within designated areas.

According to the Department of Environmental Affairs, the areas in which diving will be prohibited include: within the Bird Island marine protected area; Quoin Point to Danger Point, from the west bank of the Ratel River to the eastern boundary of Gansbaai harbour's main breakwater wall; from Venus Pool to Olifantsbos on the Cape Peninsula, extending two nautical miles (3.7km) seaward from the high watermark; and around Robben Island, extending one nautical mile from the high- water mark.

The ban on scuba diving and snorkeling will coincide with suspension of all commercial abalone fishing.

While all commercial and recreational divers will be affected, the primary goal of the ban is to thwart organized crime gangs that profit from abalone poaching in South Africa.