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Spearfishing Regulations This area is for the topic of existing or proposed Spearfishing Regulations.

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Old 03-31-2014, 05:41 PM   #16
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Re: Is the US Navy banning diving on Military wrecks?

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A commercial dragger can obliterate a "military craft" wreck, yet a single diver can be fined up to $ 100,000.00. Why no written exemption for divers?
I sent this thread link to the Navy people I called. Thus, they will see your question above.
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Old 03-31-2014, 05:46 PM   #17
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Re: Is the US Navy banning diving on Military wrecks?

NOAA will have to get permits from NHHC to study their own wrecks if this rule is not modified.
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Old 03-31-2014, 05:48 PM   #18
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Re: Is the US Navy banning diving on Military wrecks?

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And I would not be surprised if there is also some retribution directed at NOAA for the whole MONITOR funding fiasco, as now they would have to jump through a lot of hoops and deal with a lot of oversight when doing any work on USN wrecks. But that is just speculation....
Who does the diving for NHHC?
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Old 03-31-2014, 05:58 PM   #19
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Re: Is the US Navy banning diving on Military wrecks?

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NOAA will have to get permits from NHHC to study their own wrecks if this rule is not modified.
No, they will only need permits for wrecks under the jurisdiction of the USN. The NHHC does not have oversight of vessels from other departments (e.g., USAF), agencies (e.g., USCG), or countries, unless the parties enter into an agreement via a MOU, etc.
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Old 03-31-2014, 06:17 PM   #20
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Re: Is the US Navy banning diving on Military wrecks?

" Military Craft means all or any portion of— (1) Any sunken warship, naval auxiliary, or other vessel that was owned or operated by a government on military noncommercial service when it sank;"

So the USCS Robert J. Walker is exempt from needing a permit for NOAA to research?
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Old 03-31-2014, 06:44 PM   #21
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Re: Is the US Navy banning diving on Military wrecks?

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" Military Craft means all or any portion of— (1) Any sunken warship, naval auxiliary, or other vessel that was owned or operated by a government on military noncommercial service when it sank;"

So the USCS Robert J. Walker is exempt from needing a permit for NOAA to research?
1. That definition is the general definition of military craft per the SMCA.
2. It is a proposed permitting system.
3. The proposed permitting system is explicit to DoN - read the proposed regulations.
4. The USCS ROBERT J. WALKER was not a USN vessel, and, therefore, not under the jurisdiction of the DoN.
5. The DoN can't unilaterally require and/or enforce a permitting system for vessels they have no jurisdiction over. Should the proposed permitting system be finalized, the Department of Commerce would have to enter into a bilateral agreement with the DoN to transfer stewardship/oversight to USCS vessels like the WALKER or ISIS. That is if the Department of Commerce desired such an approach.
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Old 03-31-2014, 07:34 PM   #22
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Re: Is the US Navy banning diving on Military wrecks?

"Terrestrial military craft means the physical remains of all or any portion of a historic ship, aircraft, spacecraft, or other craft, intact or otherwise, manned or unmanned, along with all associated contents, located on land and under the jurisdiction of the DoN. Terrestrial military craft sites are classified as either historic structures or archaeological sites and are distinguished from sunken military craft by never having sunk in a body of water."

Does this cover the Texas Tower?

http://njscuba.net/sites/site_texas_tower.html
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Old 03-31-2014, 07:49 PM   #23
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Re: Is the US Navy banning diving on Military wrecks?

All of the definitions I am quoting come from the proposed rule:

http://www.gpo.gov/fdsys/pkg/FR-2014...2013-31068.pdf
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Old 03-31-2014, 07:59 PM   #24
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Re: Is the US Navy banning diving on Military wrecks?

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"Terrestrial military craft means the physical remains of all or any portion of a historic ship, aircraft, spacecraft, or other craft, intact or otherwise, manned or unmanned, along with all associated contents, located on land and under the jurisdiction of the DoN. Terrestrial military craft sites are classified as either historic structures or archaeological sites and are distinguished from sunken military craft by never having sunk in a body of water."

Does this cover the Texas Tower?

http://njscuba.net/sites/site_texas_tower.html
Texas Tower was USAF, no?

The important part of the above is under the jurisdiction of the DoN.
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Old 03-31-2014, 08:00 PM   #25
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Re: Is the US Navy banning diving on Military wrecks?

Read the e-mail response I just forwarded to the group. That will be the way to stop this, or at the very least, significantly delay it....
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Old 04-02-2014, 12:04 AM   #26
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Re: Is the US Navy banning diving on Military wrecks?

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USS San Diego

Texas Tower

U.S.S. Murphy - DD-603

Sub Chaser SC-209

U.S.S. Turner - DD-648

U.S.S. Jacob Jones - DD-130

R.C. Mohawk

Sub Chaser SC-635 "Bronx Queen"

USS Akron - Airship ZR-4

ZPG-3W "Reliance"

http://njscuba.net/sites/site_warships.html#ZPG-3W


U.S.S. Bass - V-2 / SS-164

U.S.S. S-5 - SS-110

U.S.S. L-8 ( SS-48 )

U.S.S. G-2 ( SS-27 )

U.S.S. Spikefish ( SS-404 )

U.S.S. Blenny ( SS-324 )

http://njscuba.net/sites/site_submarines_1.html



U-853

U-853

U-869

http://njscuba.net/sites/site_submarines_2.html

Ive dove some of those wrecks listed on there when i was living up in NJ... and wrecks like the u869 are war graves, with the remains of the crew still on the wreck.

Last i heard the akron barely registered on a bottom machine too. Hell, some of them are so far beyond the capabilities of the average weekend warrior diver its not even funny.
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Old 04-03-2014, 08:57 PM   #27
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Re: Is the US Navy banning diving on Military wrecks?

The following is a sample letter and instructions created by Anne Giesecke, Legislative Director Underwater Society of America:

Model Letter to your Congressional Representative on Navy proposed regulations.
To be sent as soon as possible and using your own words as you choose.
Consider that your comment will become part of the public record and may be read by anyone.

Go to www.house.gov
Click the envelop under the person’s name
From the drop down menu choose Defense as a subject
Enter your comment by copy and paste or by typing
Email your comment, the best way, or send a hard copy to:
The Honorable Full Name
U. S. House of Representatives
Washington, DC 20515

April , 2014

Dear Mr./Mrs./Ms. Last Name

Subject: Regulatory Threat to the Survival of our business recreational interests

Guidelines for Permitting Archaeological Investigations and other Activities Directed at Sunken Military Craft and Terrestrial Military Craft Under the Jurisdiction of the Department of the Navy
Proposed Rule: 37 CFR Part 767 Comments due March 7, 2014
Federal Register Volume79, Number 3, Monday, January 6, 2014
No. USN-2011-0016. RIN 0703-AA90. FR DOC # 2013-31068

My name is ____. My business is called ____. We are a small business which _____. We employ ____ people. Our sport diver customers use hotels and restaurants in our area and are important contributors to our economy. Many of our divers like to dive on wrecks as interesting vessels and for the diverse sea life.

This paragraph states who you are, why you care. As a sport diver comment on your love of the sea and your experience as a diver.

I request that you contact the Department of the Navy and demand that they involve the sport diving industry in revision of the published language. Request a re-proposal of the rule. A Congressional Hearing would help gather additional comments. An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs.

If so, add your willingness to talk with or meet a staff member or your Representative.

I and my fellow business divers find the language vague and open to diverse interpretations. We are independent of the archaeological community and the commercial salvage community. We need much clearer language to understand which vessels are covered and what activities are prohibited.

This paragraph comments that conflicting interpretations of the definitions is a critical flaw and makes it impossible for you to do business or enjoy the sport.

At sport diving show, Beneath the Sea, held in New Jersey at the end of March, I became aware of the proposed rule. The lack of comment by our community is evident in the posted public comments.

This paragraph tells how you found out about the issue.

Sincerely,

Name and contact information

Cc:
The Small Business Administration
The Office of Management and Budget
Secretary of the Navy
Secretary of Commerce – NOAA
Secretary of the Interior
Secretary of State


For the Cc. list, preface the copy of your letter to your Representative with a subject sentence for why the agency should be interested. Email is best.

The Small Business Administration
Subject: An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited.

Copy Letter

Dr. Winslow Sargent
Winslow.sargent@sba.gov
Mr. Charles Maresca
Charles.maresa@sba.gov

The Office of Management and Budget
Subject: An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited.

Copy and paste or type letter/comment


Director Sylvia Mathews Burwell
Oira_submission@omb.gov


Secretary of the Navy
Subject: No. USN-2011-0016 Sunken Vessels I request that the Navy involve the sport diving industry in revision of the published language. I request a re-proposal of the rule. A Congressional Hearing would help gather additional comments. An economic analysis under the Small Business Regulatory Enforcement Fairness Act should be completed.

Copy and paste or type letter/comment


Secretary Ray Mabus
http://www.navy.mil/submit/contacts.asp
Select US Navy- Specific Programs


U.S. Department of Commerce
Subject: An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited.

Copy and paste or type letter/comment


Secretary Penny Pritzker:
TheSec@doc.gov

Department of the Interior
Subject: Proposed Navy regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited.

Copy and paste or type letter/comment


Secretary Sally Jewell
E-Mail: feedback@ios.doi.gov

Department of State

Subject: Sport diving is a global industry. An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited.

Copy and paste or type your letter/comment.

Under Secretary for Economic Growth, Energy, and the Environment, Catherine Novelli http://www.state.gov/contact/
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Old 04-06-2014, 01:51 PM   #28
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Re: Is the US Navy banning diving on Military wrecks?

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Would The Wilkes Barre, Kendrick be included? Big O?
The USS Wilkes Barre and USS Kendricks were both sunk by the US Navy in demolitions tests. Yes they are still "military craft" under this proposed rule's defintion.

The USS Oriskany was "sold" to the State of Florida and sunk as an artificial reef.
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