Sailboat Nearly hits divers - Near Blue Heron Bridge

Dream Reality

http://www.wptv.com/dpp/news/region_c_palm_beach_county/riviera_beach/boaters-calling-for-awareness-after-sailboat-nearly-hits-divers?CMP=201108_emailshare

Plane Fish n

Hi Luis,

I just posted this on the Divers Forum but I believe it is important for our members on the Southeast Forum as well.

How many more divers will have to be injured before the FWC does their job? :shrug

Please everyone.. pay close attention to the FWC spokeswoman who says "We're not sure where this will go... We weren't there." :Angry :banghead

You gotta be kidding me.. it is all captured on video..

On the same weblink above, please read how the FWC is going to use radar guns in the CROSSROADS area as well as other Martin County waterways to catch those going over 25mph.

Cheers

hihater36

Im sorry i might offend some people here and i don't mean too (and I am in no way, shape or form advocating sailing or sailboats), but why dive SO close to a busy channel? Hear me out, I understand lobstering, lobster season yada yada but that story said dive students did it not? The sailboat is at fault, not questioning that at all but, it seems like right there is not the best place to dive, with students. That channel is like a highway, when was the last time you got out on a busy highway and walked around? The divers have a right to be there i know, and they were out of the channel i know, but it seems just as irresponsible for the dive boat operator to drop people off right there. Anyways the next time you see a sailboat throw toilet paper at them so they don't have to steal it from the next marina they stop at.

Plane Fish n

hihater36 wrote: »

Im sorry i might offend some people here and i don't mean too (and I am in no way, shape or form advocating sailing or sailboats), but why dive SO close to a busy channel? Hear me out, I understand lobstering, lobster season yada yada but that story said dive students did it not? The sailboat is at fault, not questioning that at all but, it seems like right there is not the best place to dive, with students. That channel is like a highway, when was the last time you got out on a busy highway and walked around? The divers have a right to be there i know, and they were out of the channel i know, but it seems just as irresponsible for the dive boat operator to drop people off right there. Anyways the next time you see a sailboat throw toilet paper at them so they don't have to steal it from the next marina they stop at.

Hihater36,

I certainly see your point as well.

I think at least in my mind, what it boils down to is this.... is it legal or is it not?

Regardless of whether the dive captain used prudent decision making skills or not, the fact is it was legal.

Here is what the FWC says about Divers Down Flags:


FWC says Florida law states: "Vessel operators must make a reasonable effort to maintain a distance of at least 300 feet from divers-down flags on open waters and at least 100 feet from flags on rivers, inlets or navigation channels. Vessels approaching divers-down flags closer than 300 feet in open water and 100 feet in rivers, inlets and navigation channels must slow to idle speed."

Cheers

reelpleasure

In know this area well, and both the divers, and sailboat are at fault. First off I doubt the divers were dropped off from a boat. All of the local dive shops do thier check out dives there, and most go in from the beach. I see this everyday. The middle of the bridge is a navigation channel, and in the video you can clearly see the divers, and flags within 25 feet of the channel.

If the sailboat would have stayed in the channel, it would not have been an issue, even though the divers were not 100 feet away from the channel.

Plane Fish n

reelpleasure wrote: »

In know this area well, and both the divers, and sailboat are at fault. First off I doubt the divers were dropped off from a boat. All of the local dive shops do thier check out dives there, and most go in from the beach. I see this everyday. The middle of the bridge is a navigation channel, and in the video you can clearly see the divers, and flags within 25 feet of the channel.

If the sailboat would have stayed in the channel, it would not have been an issue, even though the divers were not 100 feet away from the channel.

ReelPleasure,

As much as you feel that the divers are wrong, they clearly weren't.

http://www.wadespage.com/D800DS06RF01.shtml

http://www.shorediving.com/Earth/USA_East/Florida/Blue_Heron/index.htm

http://www.meetup.com/Force-E-Divers-of-South-Florida/events/19034371/



You are correct as the divers appeared to have come from Phil Foster Park and not from the dive boat however that captain did his best on the PA to have the sailboat shut his engine down.

Now, perhaps the dive boat just happened to be there at exactly that time when the sailboat came through.

Regardless, it is acceptable and LEGAL to dive right where they were.

Lastly, the sailboat does not have to stay 100' away from the divers if traversing a channel (Sailboat was out of the channel) which is clearly laid out in the FWC policy I quoted above. What the sailboat would be required to do is slow to an idle speed.

Cheers

rwfish

I cant understand why he was out of the channel to begin with??

Triplewrap

Let me say that the publicity on this case may improve the safety of divers using this location. They are allowed to be there. The sailboat is allowed to be there. That is not the marked channel, but it is legal to use the side channels. The east channel happens to have 3 feet higher clearance under the bridge than the main channel.. That's why the sailboat was there, and that's why he didn't see the dive flags on the floats until he was in them: He was looking up at his masthead. His fault.

He was at dead idle speed the entire time. No negligence there. He drifted through the divers when he saw them.. Nothing better for him to do.. The Law allows idle speed near divers, or the FWC and dive boats could not approach the dive sites along the coast.. Heck, you couldn't legally pick up your own divers..
Hopefully, the divers who use this place will see that boats do go thru there, and boaters who use the side channel will see that divers are there for training dives.. Ideally, we will not have any tragedies of this nature here. I dare say there is no busier piece of water in Palm Beach County..

Darwin awaits any small error here..
Woodsie

Uncle Buck

Raghangers. :cookoo

bmoody

I think the thing that hasn't yet been pointed out in this conversation is how crappy it is that these check dives are constantly being conducted so close to a fishin pier. I've seen divers at that site push into the channel, swim under the pier, and crowd children playing in the water at the "beach".

In this case, the final verdict might be that as in most marine accidents, fault is virtually never 100%.

jah son

I think that IS in the channel. And it did look like he was drifting through the divers. Obviously that was a boneheaded move by the Captain, but I think it'll be hard to legally get him for any negligence, since he did what he was required to do.

And i can also say that I've been in that exact spot catching bait and divers often swim right under my boat while I'm drifitng, and even while I'm anchored and fishing. There's really too much traffic there, it's not the best place in the world to train anybody on diving.

Anybody know a reason they don't use the other side of the beach where the bridge only has 8' or so clearance and almost no boat traffic?

FISHFULL THINKING

What was the Dive Boat Captian doing..?? He didn't see the sailboat until it was on top of his divers..??
Clearly.... If they are going to conduct check dives there ... and the Captian can't protect his divers...
they need a second boat on the other side of the bridge....

Plane Fish n

FISHFULL THINKING wrote: »

What was the Dive Boat Captian doing..?? He didn't see the sailboat until it was on top of his divers..??
Clearly.... If they are going to conduct check dives there ... and the Captian can't protect his divers...
they need a second boat on the other side of the bridge....

Fishfull thinking,

Welcome to the forum and thanks for your post.

The divers under the bridge were not part of the Dive Boat's charter. I was like you and thought they were.

The dive boat happened to be driving by at that time and the skipper was trying to help out so kudos to him.

Initially, I was as upset as anyone else by the sailboats actions but after reviewing the situation in depth, I believe there will be no charges filed against the captain.

The sailboat did idle through the divers which is exactly what the law states he should do. There is no distance from a dive flag required while in channel or the river. (even though he was not under the center span, he is considered in channel)

The law only states that the captain must make a "reasonable effort" to maintain as much distance as possible.

There are no laws that I know of stating that a vessel must traverse only under the center span.

He also has about 3 feet or so more room on that side versus the center span and perhaps he was worried about his mast thus the reason for going to that side.

Take care

Cheers

bmarkey

These are not necessarily check dives. This area has developed an international reputation for diving to see small marine life so abundant in that Phil Foster Park bridge area.

http://sfdj.com/BlueHeronBridgeMarinePark.aspx

I started a thread on this a week or so ago in the Boating forum. It got lots of posts.

http://forums.floridasportsman.com/showthread.php?13209-Sailboat-captain-nearly-injures-Palm-Beach-area-scuba-divers

Plane Fish n

bmarkey wrote: »

These are not necessarily check dives.

Hi Bob,

The story specifically states "student divers."

Granted, this may not have been their check dive however it was an instructional dive.

I"m not sure why it would be important whether they were on a check dive or not unless your point was that this site is used by everyone?

I hope the sailboat captain received at least a speaking to.

As Triple Wrap mentioned, the publicity may increase diver safety.

One can only hope.

Cheers

Triplewrap

From the common sense standpoint, that is a dangerous place to dive. Between the oppressive boat traffic and the fishermen chucking flounder rigs at the bridge pilings.. Not to mention the Health Department finding fecal Coli-form bacteria there monthly.. Since all three user groups have to coexist (and the divers will lose every interaction, right or wrong) I figure that a designated marine Park would help separate/protect the divers. In research I found that in February or this year the County Commission agreed with the Dive Community Petition and forwarded the request to FWC for their action on another marine Sanctuary..
http://www.divetalking.com/?p=3592

They also threw in a ban on collecting tropical fish, banning fishing in the area, and some other parochial stuff. This would be a help, if they added bouys and physical barriers on the edge of the channel.. Dive traffic will increase if this happens... New divers and stupid boaters will not mix well.. Then you will see a Brownie machine pulling two divers north in the ICW current..

These changes will not take away the threat from the heavy current and recurring poop.. Gotta find that leak ! I doubt the FWC will create a Park here with these danger factors.. The rare Frogfish is a big attraction here, along with the wily Nudibranchs (Sea slugs). It is more about free parking and a free beach dive.. It is one of the very, very few places that costs nothing to take student divers for a checkout dive.. They have to make a big deal about the little features there..

I believe in open access to public parks. I am just very unsettled about the safety of divers at this place..
Woodsie

flvol77

I live in Marina Grande the condos at the base of the Blue Heron bridge and I see idiots of all kinds, all the time.

First of all one should NEVER pass through the bridge on the west side of channel, its just dumb, very dumb. Second the divers have to be more careful, I see countless numbers of them drift towards and into the channel and almost get hit.

Also you have understand when high tide is as a boater, that is when you will see more divers around that bridge than any other time and you can be on the look out for people and dive flags.

Ledford

Unbelieveable... I do not know why that guy had to cut under the bridge right there... What he did was wrong for sure and FWC should do something about it. On another note, when i was working at the small blue heron bridge i was running a 24ft skiff, with motor running I pushed up against a pile to keep from moving and had multiple divers swim directly underneath the boat so far that their bouy and flags were hitting my boat. Had to shut my motor off to keep from taking their flag line in the prop. I was banging on the side of the boat making all kinds of noise tossing little rocks and doing everything i can to get the divers attention with no luck. There was a sign on Phil Foster beach that said "NO DIVING WITHIN 50FT OF BRIDGE" while we were working on it i just wanted to let the divers know but they kept on going taking pictures and stuff. One day i saw a flag floating toward us then it stopped. Lunch time and the flag hadnt moved I went up on top of the bridge and looked down, it was tied to a rock. 15 mins later i saw the flag going back out toward the beach. Some people are just stupid i guess Captains as well as Divers lol.

Plane Fish n

Ledford wrote: »

Unbelieveable... I do not know why that guy had to cut under the bridge right there... What he did was wrong for sure and FWC should do something about it. On another note, when i was working at the small blue heron bridge i was running a 24ft skiff, with motor running I pushed up against a pile to keep from moving and had multiple divers swim directly underneath the boat so far that their bouy and flags were hitting my boat. Had to shut my motor off to keep from taking their flag line in the prop. I was banging on the side of the boat making all kinds of noise tossing little rocks and doing everything i can to get the divers attention with no luck. There was a sign on Phil Foster beach that said "NO DIVING WITHIN 50FT OF BRIDGE" while we were working on it i just wanted to let the divers know but they kept on going taking pictures and stuff. One day i saw a flag floating toward us then it stopped. Lunch time and the flag hadnt moved I went up on top of the bridge and looked down, it was tied to a rock. 15 mins later i saw the flag going back out toward the beach. Some people are just stupid i guess Captains as well as Divers lol.

:Agree Ledford.. you have some good points.