
| June 2004 | NEADC
Website: www.NEADC.org |
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NEADC GENERAL MEETING Immersion Theater at New England
Aquarium
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THIS MONTH'S ABBREVIATED CONTENTS
Beach Access.................................................................. Page 7
Diver Etiquette.................................................................. Page 9
Special Cownose Ray Update................................... Page 10
Marine Fisheries Advisories............................ Pages 11 & 24
NEADC Calendar of Events & Dives.......................... Page 22
INFORMAL MEETING
The July Informal Meeting will be held on Wednesday, July 7th, at 6:30 pm, hosted by Jim Carozza. It will be a Pool Party and Cookout! Location: 10 Linda Lane Nahant, MA. Phone #s: Jim’s Cell (617) 966-0111, House (781) 592-0133.
Directions from the South: Take the Expressway or Mass Pike into Boston and take the Ted Williams Tunnel towards Logan Airport. Get on Rt. 1A into Revere until it becomes the Lynnway in Lynn. Stay straight until the first rotary and bear Right onto the Causeway for Nahant. At the end of the Causeway take your first left. The Tides Restaurant will be on your left and a Bank (Equity) on your right. Take the first right - it is Linda Lane. House is the fourth one up on the left, #10, gray house with two wooden stained doors. Please park on the street and put "Guest of 10 Linda Lane 6:30 PM until 9 PM" on your dash if possible, as this is prime summer vacation time and the local Police won't tag or tow as long as they know you’re not at the beach, but visiting a resident. The street is very wide and long so it shouldn't be much of a problem parking.
From the North: From Rt. 128, or Rt. 1 North, take Rt. 129 East, exit 44B, toward Lynn/Swampscott. Enter the rotary and bear right towards Lynn 129 East. Follow for 3 ½ miles, take right onto Boston St. Take a left at light AFTER Stop & Shop onto Franklin St. Stay on Franklin to its end and bear slight left through lights and right onto Market St. Cross straight through all intersections and at end of Market St. (see North Shore Community College on the left) take left at light and enter Lynnway going left. At rotary after the Porthole Pub restaurant, bear right towards Nahant and the long causeway. As causeway gets to small rotary, take left onto Wilson Rd. (the Equitable bank is on your right, and Dunkin Donuts and the Tides Restaurant on left). Take 1st right (this is Linda Lane, but sign is missing), #10 is up the hill, after the new house on left side, gray split entry.
NEWSLETTER DEADLINE
Submit
your news for the next Newsletter by
Monday, June 28, 2004!
This is for the JULY EDITION of the NEADC Newsletter. Submissions must be in writing, preferably via e-mail to newsletter@neadc.org. Thank you!
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2004 New England Aquarium President Vice-President Business Manager Boat Dive Coordinator Shore Dive Coordinator Newsletter Editor Program Director Membership Director Secretary Environmental Affairs Webmaster NEADC Voice Mail NEADC Website |
FROM YOUR WEBMASTER Steve Whitford The diving season is upon us. The shore diving calendar for the rest of the year is on the website. There's something happening pretty much every weekend, and even some during the week. In addition to a listing format for the website, I've also put the dives for June-August in a monthly format so you can better see what dives are when. For several of the dives I've included new icons that indicate the dive has activities for non-divers. These activities can range from shore cleanup and fish ID to nearby hiking and watersport rentals. The dive leaders have all the info. If you want to lead a dive, or want to add more info about a dive, then e-mail webmaster@neadc.org, or shoredive@neadc.org, or use the forum. We can have a lot more info on the website than just a listing. FROM YOUR NEWSLETTER EDITOR Kerry Hurd Welcome to the special, oversized June issue! We hope you enjoy all of the offerings from the many dive-related organizations. I would like to call your attention to a couple who are not otherwise mentioned in this issue. One is my favorite dive shop, Atlantic Aquasport (www.atlanticaquasport.com) in Rye, NH. Great service and great knowledge! I’ll also plug the Oceanic Research Group (www.oceanicresearch.org) - top quality videos and books! Thank you to all who contributed to the newsletter. Your support is greatly appreciated!. Remember, all submissions need to be in writing, and are accepted via e-mail, on CD or floppy, or on paper. Please send your submissions to newsletter@neadc.org, or hand them to me at any General or Informal Meeting. Thanks! I have another topic for everyone. This issue’s question is “Why do you dive?” My answer is primarily to see the amazing life under the water. I got hooked on diving when I put my head in the water during my first ocean dive. I was at Back Beach, and was surprised (and still am) by how much life there is! All the crabs, hermit crabs, snails, sea stars, and fish! I look forward to every dive, basically because I do not know what I will see. FROM YOUR MEMBERSHIP DIRECTOR Trish Katzman I recently came back from a wonderful trip to the Bahamas. We packed 10 dives in 3 days. Among the beautiful reef and wall dives, we had a shark dive and two scooter dives. If you haven’t tried diving with a scooter, give it a shot. It’s a blast! The shark dive attracted a huge number of Caribbean Reef Sharks. They’re cute and harmless. I found two teeth on the ocean floor during the feeding which make great souvenirs from this experience. Speaking of Elasmobranches (class of sharks, rays and skates), the cownose rays that our club is funding are now here but currently in a quarantine facility in Duxbury. They will soon enter the Aquarium’s GOT. Staff from the Aquarium took plenty of pictures, and have stories to share with us. I will post on the club’s forum section of our website the exact day the rays will move into the GOT. You might get a chance to see the entrance, which is an unusual sight. These rays are quite big so this event doesn’t happen often. If you haven’t seen our new forum section on the website, check it out. Feel free to ask any questions and see the latest news: http://neadc.proboards28.com.
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FROM YOUR ENVIRONMENTAL AFFAIRS DIRECTOR Alicia Lenci
Great
Annual Fish Count Survey
There
will be an optional survey on several dives throughout the year.
NO
EXPERIENCE necessary for fish surveys. There will be a brief
commando-style crash course at the
site, for anyone who missed the fish
identification
seminars.
Thank you for sponsoring my attendance at the Massachusetts Bays Symposium “State of the Bays 2004” last month. I have learned from experts throughout the region about the current conditions of Massachusetts and Cape Cod Bays, reviewed ten years of progress, and learned how to strengthen scientific partnerships with communities to further the work of protecting and enhancing the coastal health and heritage of the Bays. The Bays look good, but there is so much more each of us can do daily to help improve our watersheds and bays. You can make a difference. We owe it to future generations. Please see information I provide at each General Meeting on simple things you can do to help limit the chemicals that end up in our watersheds. Also participate in the many fun activities in and around our coastline that I organize. These events include diving but is not limited to such. If you snorkel or kayak, you can participate - and this is a great way to get your children to explore! We always need “top-side” photographers to shoot our events, Beach Masters (to keep an eye on things) and, especially, people to share what they see and discover in the North Atlantic - right there at the water’s edge. Come to my dives - not only do I make it fun to pick up trash, you can learn how to identify fish, and then help with my fish surveys. Also, learn how to identify exotic invasive species, and some techniques on how to collect/preserve samples to help The MIT Sea Grant Center for Coastal Resources track the distribution and abundance of these species. Since General Meetings don’t allow for this type of training, come out to the water’s edge with me and learn! For those of you who have teens that want to be marine biologists, filmmakers, or journalists, it is never too early to participate in any of the activities. We need participants and you don’t have to be a diver! The improvement made in our bays over the past 10 years has been tremendous. However, it is not enough. Now more than ever, the environment needs a voice! Moreover, that voice needs to comes from you, your children and your children’s children. A good place to start is to take the plunge and have a look. Another good place to start is to think of your watershed. Don’t know your watershed? Look up your watershed here: www.massbays.org and get active. I hope to see you at the “edge” this summer!
Dive into Earth Day 2004 Lane’s Cove Clean-up
Dive into Earth Day on April 24, 2004 was a blast! Thanks to Alan Budreau, Kevin O’Conner, Brandy Derickson, Jeff Pearson, Michael Schruben, Kevin Taback, and Don and Diane Mitchell. Special thanks to Don and Diane for donating plenty of heavy-duty trash bags. You all made it so much fun for me! So did the loon which arrived first in the cove to amaze us with its skill at catching crabs. Along the shoreline, we filled 12 bags with approximately 200 lbs of trash. The trash included rope, fishing line, shot gun shells, beer cans and bottles, tampon applicators, beverage caps, Dunkin Donut coffee cups/napkins, and straws. Don found some plastic toy army men. So far from my research, I have not been able to determine that they were set adrift from a container ship cargo spill. (I am still looking for “First Years” rubber ducks and other rubber animals that are due to show up along our coast. They were spilled in the middle of the North Pacific in 1992, but more about this next month). Alan found a circa-1914 spit fire spark plug. We also removed an automobile tire and an old bar stool from the coastline. Alan was the first in the water since he knew the winds were going to pick up. The rest of us waited for the water to return a bit and then took the plunge. The vis was typical spring conditions - what I like to call Impressionistic, Monet-like vis of the area. Excitingly “blurry” depending on where you were in the water column.
The winds did pick up as predicted by Alan, and it cut my dive short and I think others too. Surge and chop became the ocean and I witnessed my very first sea anemone “rescue” performed by Michael Schruben. Michael discovered a sea anemone that seemed vulnerable to the surge and chop in the water column. I saw him scoop it up and swim to a nice boulder cluster to let the critter reside there. Thanks to our efforts from previous years we’ve made a difference. I am happy to say sea anemones, actively feeding, out-numbered the trash below the surface. We left the water with a few golf balls and beer cans. Thanks again to this year’s participants! You shine!
Photo by Kevin Taback
Divers left to right: Kevin, Brandy, Alicia, and Michael Clean up Lane's Cove April 2004
(43 Degree water)
A NOTE FROM ALAN BUDREAU
Dave Clancy (largely responsible for the Free The Beaches law) is running his second dive trip to Nova Scotia in August (inspired by one he went on that I ran about 1982). The URL is http://wreckhunter.net/ns-trip-blurb-2004.htm I plan to go, and do it in a wetsuit.
FROM YOUR PROGRAM DIRECTOR Al Bozza
GIANT
OCEAN TANK DIVE UPDATE: Good news - the
GOT Dive does not have to be done on Saturday, July 3rd,
2004. A future date can be chosen if this date is not convenient for
you. If you have always dreamed about diving in our Giant Ocean Tank, this
is the perfect opportunity. We will be announcing the lucky winner at our
June formal meeting (you do not have to be present to win - just the highest
bidder). We will have the bidding form posted on our website - you can bid
on-line or by phone to me. All proceeds from this event will be used to
finance our Cownose Ray Project. Current bid $600.
DIVE TRAVEL:
OCTOBER 2004: GREAT WHITE SHARK DIVING---October
26th - 30th. Imagine diving in 100ft visibility and water temps of
74 degrees surrounded by 7-10 great whites. Shark Adventures in California
has found a location that is offering the most incredible cage diving with
great whites on the planet today. They combine this with the world-class
tuna fishing (shark bait!!) on an 86' luxury long-range dive boat. These
5-day boat trips are only available during October and part of
November. We have reserved the boat for October 2004 at the cost of $2100
per diver. This price will include a video of our trip.----Update - the price for 2004 has been increased to
$2400 per diver; we will still have the opportunity to pay 2003 prices. When
speaking to Patrick from Shark Adventures, he told me they had several large
encounters - one 16-footer!!! 1 Spot left!!
JANUARY 15th-22nd 2005 - DOMINICA - $1045, which includes: 7 nights hotel, 7 breakfasts,
7 dinners, 2 night dives, 5 days of 2-tank boat dives, unlimited shore dives,
tanks, weights, and weight belt, kayaking, welcome rum punch, r/t airport
transfers, service charges, and taxes. Reserve now - this trip fills
fast! (8 people have already signed up!!!)
MARCH 2005 - ALL NEW WHALE SHARK
EXPEDITIONS OF HONDURAS-SHARK DIVER LODGE - $1895- Discover the shark diving adventure of a lifetime - an encounter
with the ocean's largest shark, the Whale Shark. The new inclusive
"Shark Diver Lodge," located in the crystal waters of the Caribbean
in the Honduras, is the latest amazing shark dive destination. Little was
known about this site until just recently, when once again reports from local
fishermen and scientists came in search of these magnificent animals just off
the coast. Absolute divers visited the site early 2004, where diving with
the Whale Sharks truly is an incredible experience. This is your chance to
be one of the first shark divers to encounter these 30-50 foot leviathans in
100ft visibility and all just a short 5-hour average flight away. While
you are there, fish for world-class Tarpon, Snook, and Bonefish; dive the
multitude of regular reefs surrounding the island; or just sit on the white
sands of the Caribbean and soak up the sun. It is all
included. Located just off the coast of Honduras in the warm clear waters
of the Caribbean, our inclusive Shark Diver Lodge features three dive boats for
unlimited regular diving along reefs, walls, and open water
pinnacles. Discover fan corals, Groupers, Spotted Eagle Rays and
more. Plus enjoy roomy accommodations in your private tropical waterfront
bungalows. Our lodge also features kayaks, great food, and a game room
with pool table, and satellite television.
MAY 2005 BAHAMAS LIVE-ABOARD - the most amazing live aboard in the Caribbean -
swimming with dolphins, incredible shark dives and virgin reefs. More
info in next newsletter.
For information on any of these
trips or to enter a bid, please contact Al Bozza at (617) 212-9108, programs@neadc.org.
Trade in your diving suit
One
way to look good at the beach, without counting carbs, is to get a new wetsuit.
Bring your old wetsuit or drysuit to PG Dive and you could get one of
the following discounts on your new BARE suit purchase:
Receive $30 off 3/2mm Velocity Fullsuit
Receive $60 off 7mm Arctic SGS Fullsuit
Receive $200 off CD4 Pro Dry
Check out the Bare wetsuits at www.bare-wetsuits.com and contact PG Dive for details. www.pgdive.com 617-969-3483
Recognize this Fish?
Call me with the answer before the class and win a prize!
Learn How to Identify Local Coastal Fish
When? June 16, 2004, 6:30pm
Where? Immersion Theater, NEAq
Why? You love the North Atlantic!
Contact? Environmental@neadc.org
(Alicia Lenci 617 285 6737)
If you attend this seminar and you dive or snorkel you will be eligible to participate in the Great Annual Fish Counts* that will take place this year.
You need not participate in fish counts to attend this seminar.
Come learn more about the most common fish in your “backyard” it’s FREE!
FREE Seminar provided by Bob Michelson, Stellwagen BankNational Marine Sanctuary.
*The "Great Annual Fish Count" (GAFC) is an event coordinated by the Reef Environmental Education Foundation (REEF) that mobilizes and trains volunteer divers and snorkelers in established methodologies to identify and document fish diversity and population trends in marine sanctuaries and coastal areas. This annual event takes place the month of July, and serves both to introduce and inspire recreational divers and snorkelers to: participate in REEF's year-round volunteer monitoring programs; raise awareness among both the diving community and public-at-large regarding marine habitats and trends in fish populations; and provide researchers, marine resource managers and policy makers with this useful information that would otherwise be unavailable.
PUBLIC RIGHTS/PRIVATE PROPERTY: ANSWERS TO FREQUENTLY ASKED QUESTIONS ON BEACH ACCESS
Summertime. The living is easy. Fish are jumping'. And right now somewhere along the Massachusetts coast, two people are arguing over whether one of them may walk along the other's beach.
Few issues in Massachusetts can be counted on as such a regular source of conflict. One reason for this is that in the face of the overwhelming desire for people to use our beaches, our laws are not very "friendly" toward beach access. This is because, some 350 years ago, our forefathers gave away much of the public's rights to use the coastline in an attempt to spur the development of wharfs and maritime commerce. On top of that, our laws in this area are complex, confusing, and - to an extent that is surprising in light of centuries of court battles - uncertain. The result is conflict. Those who own property along the coast clash with those who want to walk along it, often without either really knowing what their rights and obligations are. Indeed, sometimes police officers and other public officials called in to deal with this conflict are themselves unclear about the respective rights and responsibilities.
The purpose of this pamphlet is to try to help people understand the law in this area, to the extent that it has been settled. We have tried to provide simple answers to commonly-asked questions about the ownership of the coast. Our hope is that by informing the public of the law, we can move beyond needless conflicts and toward more consensual solutions to the beach access issue. In particular, we have highlighted ways that coastal owners who want to let the public gain access through or along their property can do so while avoiding liability and at the same time preserving their own property rights.
Of necessity, we can state what the public's rights are only in general terms. There are many complications that may arise in individual circumstances.
Questions & Answers
Q: "Someone told me that beaches are privately
owned in Massachusetts all the way down to the low tide line. How can that
be?"
A: Each state has its own laws
regarding who owns the beach. In most coastal states, the public owns the land
seaward of the high tide line, and in some states public ownership extends even
higher. Massachusetts is different, however. The Massachusetts courts have
consistently ruled that in the 1640s, we gave away title to the land between
the mean high tide line and the low tide line to the adjacent upland owners.
Therefore, this area - known as the "intertidal zone" or "wet
sand area" - is generally privately owned in Massachusetts.
Q: "So you're saying that if I own the adjacent
upland land, I therefore own the adjacent wet sand area?"
A: Probably, but not necessarily. It
is possible that the interest in the wet sand area was separately conveyed
("severed") from the uplands parcel at some time in the past. A final
answer to this question may require a complete title search, and even then you
might not have a definitive answer. If this issue cannot be resolved by the
available evidence, the upland owner is presumed to own the adjacent wet sand
area. The boundary issues can be resolved in Land Court.
Q: "You said that I can own down to the 'low
tide line,' but the low tide line changes every day. What low tide line are you
talking about?"
A: Because the precise tide lines
change daily, the average or mean low tide line is used. There is an ongoing
dispute, however, as to whether you should use the so-called "mean low
tide" line or the "mean extreme low tide line." The former is
the average of all low tides, while the latter is the average of extreme low
tides "resulting from usual causes and conditions."
Q: "How do you deal with the fact that over time
the coastline builds up in certain areas and washes away in others?"
A: The short answer to this question
is that the property lines move with the low tide line. Therefore, as land is
extended by the natural buildup of sand (known as "accretion"), the
private property owners generally enjoy a windfall. But when the opposite
happens ("reliction"), the private property owners generally lose
ownership of that portion of the land taken by the sea. The fact that property
lines change with the whims of the oceans is one of the things that makes
private ownership of this area different from private ownership of inland
property.
Q: "If I own the wet sand area, why are members
of the public claiming they can use it?"
A: Private ownership of the wet sand
area is subject to certain public rights that were reserved when the land
became private in the first place. Because the public-at-large retains a
property interest in the wet sand area, the private owners' property interest
in this area is similar to that of people who own private property in other
areas subject to public easements (for example, people who abut town roads
typically own to the middle of the road, subject to the public's right of
passage).
Q: "What are the rights that were reserved to
the public?"
A: The original laws that granted
private ownership reserved the rights of "fishing, fowling, and
navigation." Court cases have also held that reserved public rights
include the "natural derivatives" of these uses. There are hundreds
of years of court cases that attempt to flesh out precisely what these various
words mean.
Q: "Does 'fishing' include shellfishing?"
A: Yes. That means that members of
the public may take shellfish from the wet sand area of privately owned
property and they may walk along the wet sand area to gain access to the
shellfish.
Q: "Does the public's right to use the wet sand
area for fishing include the right to do aquaculture, such as quahog
farming?"
A: The Massachusetts Supreme
Judicial Court concluded that the public’s right to fish in the wet sand area
does not include a right to occupy such areas with aquaculture pens. As a
result, someone who wants to perform these aquaculture activities in wet sand
areas must obtain the permission of the private owner in addition to applicable
state and local licenses.
Q: "What is 'fowling'?"
A: "Fowling" certainly
includes the hunting of birds. Our office takes the position that the term also
includes other ways that birds can be "used," such as birdwatching.
This issue has not yet been addressed by the courts.
Q: "Does 'navigation' include swimming?"
A: Yes, but. According to the
courts, swimming in the intertidal zone is included within the reserved public
right of navigation, but only so long as your feet don't touch the bottom! And
you don't have a right to walk along the wet sand area solely for the purpose
of gaining access for swimming.
Public Rights/Private Property: Answers To Frequently Asked Questions On Beach Access (cont.)
Q: "What about walking below the low tide
line?"
A: Private property owners cannot
interfere with the public's right to walk along the submerged lands that lie
seaward of the low tide line. With few exceptions, they don't own that land;
the public does.
Q: "Since members of the public have the right
to fish, fowl, and navigate in the wet sand area, then they can do whatever
fishing, fowling, and navigation they want to do there, right?"
A: So far, we've just been talking
about ownership issues. Just as a private property owner's rights are subject
to reasonable regulation, the same is true of the public's reserved rights.
Thus, for example, the government may require shellfishermen to obtain all
applicable state and local permits and to comply with applicable shellfishing
regulations. And, of course, members of the public who exercise their public
rights to use the wet sand area must comply with other laws, such as the
prohibition on littering and the creation of nuisances.
Q: "I've heard people say that all I really need
to do to 'be legal' is to carry a fishing line in my pocket?"
A: Carrying a fishing line or a
fishing pole would render your walking along the wet sands area legal only if
you actually intended to fish.
Q: "Does the public have a right to use off-road
vehicles over the wet sand areas to gain access for fishing?"
A: The Supreme Judicial Court has
never ruled on whether driving an off-road vehicle across private wet sand
areas for the purposes of gaining access to fishing areas is included within
the public's right to fish. In any event, the use of off-road vehicles may be
regulated by the government.
Q: "Like many of my fellow property owners, I
don't mind the public walking along my wet sand area even if they are not
'fishing, fowling, or navigating,' so long as by allowing this, I don't lose
any property rights in the process. Is there some way that I can be a 'good
citizen' and still retain my property rights?"
A: Yes. What you appear to be
worried about is the legal concept known as "prescription" or
"adverse possession." This is the idea that if someone uses your
property for a sufficiently long time, they may be able to claim a property
interest in it. For someone to be able to make this claim, however, their use
has to be without your permission. Therefore, openly allowing the public to
walk across your land (e.g., by "posting" such permission) is perhaps
the best way of defeating someone's ability to accrue such a right. Posting the
land in this manner, of course, would not affect any access rights that anyone
had already obtained before the posting.
Q: "O.K., that may solve one problem, but how
about liability?"
A: Under existing state law, a
property owner who allows the public to use his or her land for recreational
purposes without charging for such use is shielded from liability for injuries
sustained during that use so long as the property owner did not bury hidden
booby traps or otherwise act with such "fault" that his or her
conduct constituted "willful, wanton or reckless conduct." Here
again, the best way for coastal property owners to protect themselves may be to
allow the public to walk across their land.
Q: "Wasn't there a state law passed a few years
ago that gave the public a right to walk along the wet sand area even if they
weren't fishing, fowling, or navigating"?
A: Not exactly. You're referring to
chapter 176, section 4 of the Acts of 1991. That law states that the public is
to have a general right to walk along the wet sand area during dawn to dusk
hours. Such a right is not effective, however, unless the state Department of
Environmental Management (DEM) acquires it on behalf of the public through
formal eminent domain proceedings involving the specific properties affected,
where the private property owners from whom the right was acquired would be
compensated.
Q: "How much compensation would a private
landowner be due if the state "took" a general easement right
pursuant to the 1991 law?"
A: The property owner would be owed
the amount, if any, that the market value of his or her land was reduced by the
fact that the public now had a general right to walk across the wet sand area,
not just to do so for fishing, fowling, and navigation.
Q: "You've talked so far about access along the
beach. How about access from inland areas to the beach?"
A: Generally speaking, the land
inland of the mean high tide line is owned by private parties, just like other
land. Members of the public therefore do not have a right to walk across this
land unless they individually or collectively have obtained such a right, or
if, in particular circumstances, such rights were reserved when the land was
initially granted to a private party. Rights of access can be purchased or
taken by eminent domain, or they may be acquired by long term use (e.g., by the
doctrine of "prescription" mentioned above).
Q: "How can I resolve whether the public has a
right to cross a particular parcel of private property to get to the sea?"
A: Unfortunately, resolving whether
the public, or some subset of the public, has a right to use a given path can
often be very difficult, requiring an intensive examination of the particular
facts and evidence at issue. It can also be very expensive for both sides,
especially if a full trial is needed to resolve the issues. As with the wet
sand area discussed above, private property owners who want to protect their
property rights, but who otherwise don't mind others walking across their land,
can accomplish this by "posting" their permission. This would not, of
course, affect any access rights that the public had already obtained before
the posting.
Q: "What is the Coastal Access Legal &
Mediation Service?"
A: The interagency Coastal Access
Legal & Mediation Service (CALMS) is a joint effort of the Department of
Environmental Management (DEM), the Executive Office of Environmental Affairs
(EOEA), the Massachusetts Coastal Zone Management Office (MCZM), and the Office
of the Attorney General (OAG). Its mission is to assist in the resolution of
local disputes arising from public vs. private access to coastal properties in
Massachusetts, as well as preventing such disputes from developing in the first
place. The program acts as a central clearinghouse for pro bono legal and/or
mediation assistance to towns, nonprofit organizations, groups, and individuals
through a network of volunteer professionals.
For further information, or if you wish to discuss a situation or request an application, contact the Coastal Access Legal and Mediation Services (CALMS) program, by calling John Bolis at Urban Harbors Institute, (617) 287-5568 or (617) 287-5570, or go to: http://www.state.ma.us/dem/programs/coastal/cap-crs.htm Additional copies of this brochure can also be found at http://www.ago.state.ma.us/beachacc.pdf.
Office of the Attorney General, Environmental Protection Division, One Ashburton Place, Boston, MA 02108, www.ago.state.ma.us.
A SURVEY OF DIVER ETIQUETTE
It is our privilege to be able to dive the shores of New England. Many towns and cities have some control over their beaches (at least to the parking) and the city councils listen to the local residents. If the local residents complain about divers, the beaches could be closed to diving! Beware, it has happened in other beach cities. Common problems are divers dumping their gear on the streets and sidewalks, obstructing traffic and pedestrians, and parking in the residents’ driveways. Of particular note is noise! Don't be loud; show some respect! Do you have any idea how loud and annoying it is to listen to dust caps being blown off by "cracking" your tank valve? If you see someone making a mistake and you don't help to educate them, you just might lose your diving privileges. Below are some suggestions, MADE BY DIVERS THEMSELVES, that you might consider observing at beaches.
· Keep noise to a minimum, especially in the early morning and evening hours.
· Whenever possible, enter and exit in sand beach areas, not over rocky points.
· Prevent clutter. Keep unused diving equipment in your vehicle.
· Be courteous!!
· Be discriminate when you dress and undress.
· Use proper toilet facilities!!! NEED WE EXPLAIN THIS ONE?
· Shower the sand off your suit BEFORE going into the bathrooms. If you can’t shower, remove wetsuits BEFORE using the facilities.
· Do not unload your equipment into the street or in no parking/handicap zones.
· Park in DESIGNATED parking spaces or lots and FEED THE METER!
· Do not block sidewalks, driveways or stairways with diving equipment.
· Divers must stay out of the marinas! Diving around boats can be extremely dangerous!
· If you have a large group, park up at a central site, throw all the gear into a few vehicles, and car pool to keep an area from getting congested.
· Make sure emergency vehicles and other vehicles have access to all the buildings near the beach.
· Keep the boat ramps clear.
· Please clean up!!! People THINK we use the faculties, take up all the parking and leave the place a mess. It would be very helpful if we could change this image! If you can't find any of your own garbage to throw out, pick up someone else's. Please help keep the beach, parking lots, and bathrooms clean. This is really good P.R. If we don't leave a mess, there is very little they can complain about. It is important to remember that we are guests.
· Night divers, please try to keep the noise down. This especially means do not blast your regulators dry. Use a towel instead - it's quieter and better for your regulator.
· Be ready to abort or relocate a dive if the area is too congested and there is no parking.
· If you are diving Cape Ann and planning on spending money anyway, spend it in on Cape Ann, and let the proprietor of the mini-mart, fast food stand, or restaurant know you are there because of the diving.
· It never hurts to spend a few minutes before or after a dive talking to the locals. Letting them know what is down there and where it is located can go a long way toward changing their perception of divers.
· If you run across any lost lures you might consider taking them with you and giving them to the fishermen, paying special attention to any kids there.
· If anyone argues with you about access, your right to be on the beach or to be diving, don’t argue back. Find out what the complaint is, who the complainer is, and take it up with the proper authorities. If necessary, leave the area and avoid confrontations.
These are only a few suggestions made in conversations over one weekend in Gloucester. Perhaps by following some of these suggestions, you will be doing your part in helping to keep our beaches open to diving. PLEASE CONTRIBUTE YOUR SUGGESTIONS ON THE NEADC FORUM!!!
2004 New England Aquarium Cownose Ray Transport
by Sherrie Floyd
Thanks
to efforts of New England Aquarium Fishes Department Staff, and the continued
support of the New England Aquarium Dive Club, three cownose rays (Rhinoptera
bonasus) arrived safely in Duxbury, MA, at approximately 5:30 AM, on
Wednesday, May 12, 2004. The rays were donated by the Virginia Marine Science
Museum (VMSM) in Norfolk, Virginia. They were transported from Virginia to
Boston in the New England Aquarium transport vehicle, a Mitsubishi fuso cube
truck, fully equipped with a marine life support system. The transport team,
Sherrie Floyd, Leah Neal, Michelle Olivari, and Barbara Bailey, left the
aquarium on Monday, May 10th, at 8:00 AM, and arrived in Virginia
Beach at 10:00 PM. The next morning NEAq staff set up the Mitsubishi transport
system, toured the VMSM facility, picked up the rays, and set out for the
return trip to Boston at approximately 12:00 PM. For the most part, the trip
was uneventful. A combination of biological and mechanical filtration ensured
good water quality, and the temperature was maintained with bagged ice, as the
air conditioning in the truck was not functioning properly. After a 17-hour
return trip, staff and rays arrived exhausted, but in good condition. They (the
rays, not the staff) are currently undergoing a short quarantine period in our
Duxbury off-site holding facility. Their debut in the Giant Ocean Tank is
scheduled for early June. The New England Aquarium is tremendously grateful to
the New England Aquarium Dive Club for this generous donation. These animals
are a spectacular addition to our centerpiece exhibit.
Our website is www.birdsunderwater.com.
Thanks, Diane Oestreich.
ANNOUNCEMENT:
The
2004 Northeast Invertebrate Workshop will be hosted by the
New England Aquarium Dive Club, Inc. at the New England Aquarium on October 23,
2004 (Conference Center). This is an exclusive Stellwagen Bank National Marine
Sanctuary diver education program, and the first of its kind in the United
States. Contact Brandy Derickson at derickba@netzero.net
to enroll.
Spring 2004 Eelgrass Transplants!
We've increased our efforts this spring! Space for transplants on the M/V Alletta Morris are limited, so sign up early and often! We will work from 9am to 5pm and lunch, snacks, and beverages will be provided. A full day commitment is necessary for transplants but not for harvests.
Harvest volunteer opportunities include: diving, sorting, and kayaking
Transplant volunteer opportunities include: diving and supporting divers
|
Date |
Activity |
Location |
|
Thursday June 10 |
Harvest |
Fort Getty, Jamestown |
|
Friday June 11 |
Harvest |
Fort Getty, Jamestown |
|
Saturday June 12 |
Transplant |
Prudence Island² |
|
Sunday June 13 |
Transplant |
Prudence Island² |
|
Thursday June 24 |
Harvest |
Kings Beach, Newport |
|
Friday June 25 |
Harvest |
Fort Getty, Jamestown |
|
Saturday June 26 |
Transplant |
Sauga Point (N. Kingstown)² |
|
Sunday June 27 |
Transplant |
Sauga Point (N. Kingstown)² |
¹ Meet at the
Tiverton Town Dock located next to Grinnell Beach
² Meet in N. Kingstown at the
dock at the end of W. Main Street (next to Champlin's Seafood Market).
If you are interested in signing up for dates,
please contact Michelle Denault at mdenault@savebay.org or (401) 272-3540, ext. 114
We look forward to seeing you at the transplant!
The Rhode Island Marine Archeology Project 2004 Educational Offerings
|
Class |
Date |
Time |
|
Remote Sensing in U/W Archaeology |
June 5 |
1-4 pm |
|
Submerged Prehistoric Archaeology* |
June 6 |
1-3 pm |
|
RI in the Revolution |
June 12 |
1-3 pm |
|
Safe Boat Handling for Archaeology |
June 13 |
1-3 pm |
|
Intro to U/W Archaeology |
June 26 |
9 am – 4 pm |
*Sample class or New addition For more information, please contact www.rimap.org .
MarineFisheries Advisory (Dated May 14, 2004)
HELPMarineFisheries identify HORSESHOE CRAB spawning beaches.
The Division of Marine Fisheries (MarineFisheries)is seeking the public’s assistance in identifying shoreline used as horseshoe crab spawning habitat. Each spring, from late April though June, horseshoe crabs come ashore to lay their eggs. Weather conditions, water temperature, and habitat can affect where and when crabs gather. However, spawning generally occurs on evening high tides near the full and new moons. MarineFisheries is looking for your help in identifying where horseshoe crabs spawn in Massachusetts waters.
Some scientists believe there may be localized population declines. One of the biggest threats to the horseshoe crab is loss of spawning habitat. Each year more and more horseshoe crab spawning beaches are lost because of development such as new bulkheads, piers and beach nourishment projects.
This spring, if you notice crabs spawning, please note the location (beach, nearby street or other landmark) and contact Frank Germano at (508) 563-1779, ext 123, or e-mail frank.germano@state.ma.us. Your assistance in identifying horseshoe crab spawning beaches will help MarineFisheries determine the relative importance of these sites and help us in protecting this important resource in the future.

Hi All,
It is time again to plan on participating in the largest GAFC diving event in the USA for 2 years in a row - let’s make it a 3rd!!
The Stellwagen Bank National Marine Sanctuary will be hosting their 3rd annual Sanctuary celebration event in conjunction with the Great Annual Fish Count on Saturday, July 17, 2004. This will be a joint event with the NEADC.
The event will be based at Stage Fort Park in Gloucester. We have the porch from 10:00am-4:00pm. Divers will need to select which dive site they wish to survey and pre-register with me for one of the following dive sites prior to the event. These sites include: Folly Cove, Back Beach, Old Garden Beach, Magnolia Rocks, Cathedral Rocks, Halibut Shores, and Nubble Light, York, Maine.
Divers will meet directly at their survey location and begin their survey dives between 8 and 9 am, depending upon what time site leaders call for. There will be a volunteer shore coordinator for each location to assist with parking, etc. I would appreciate volunteers to step up for these positions. Alicia Lenci from NEADC has already volunteered for Halibut Shores.
All divers will then return to Stage Fort Park by 1 pm for lunch and our equipment raffle, which will be drawn at 2 pm. The lunch and raffle are free to all volunteer divers who conduct at least one survey dive on Saturday, 7/17/04.
Our raffle boasted over $6000.00 in dive equipment last year. This year’s raffle is looking to exceed that amount. Divers will all receive one (1) raffle ticket, regardless as to how many survey dives that have been conducted. Each diver will receive their raffle ticket when checking back in at the park after diving and turning in their completed scan forms. The diver will then select which grand prize they would like to win by placing their ticket in the appropriate bowl for that prize. All non-winning tickets will then be placed into a single bowl. Divers will select whatever they would like to take from the prize table in the order that each subsequent winning ticket is drawn.
This year we are looking for volunteers to help set up in the morning, and clean up and break down at the end of the day. Please let me know if you are interested in pitching in.
We will have free booth space available for any dive club, or non-profit environmental group. Just let me know if you are interested so we can arrange for a table and chairs for your group.
Remember - divers need to pre-register with me prior to the event to qualify for the GAFC celebration and prizes.
Warmest regards,
Bob Michelson, SBNMS Fish ID Coordinator, e-mail pbm.inc@verizon.net.
The Merrimack Valley Dive Club is a group of scuba diving enthusiasts based in northeastern Massachusetts and southern New Hampshire. Our charter is simply to promote safe sport diving and share the camaraderie of our fellow members. Membership is open to divers and non-divers alike, but all divers must be certified to participate in Club dives.
This year’s activities:
Saturday, 5 June 2004, 9 am Spring Fling! At Stage Fort Park
Sunday, 6 June 2004, 10 am Parker River National Wildlife Refuge Joppa Flats dive
Saturday, 19 June 2004 Boat Dive at the Isles of Shoals
Saturday, 26 June 2004 Shore Dive at Nubble Light
Saturday, 17 July 2004, 8 am Great Annual Fish Count 2004 at Stage Fort Park
Monday, 6 Sept. 2004 Shore Dive at Old Garden Beach
Saturday, 11 Sept. 2004, 9:30 am CoastSweep 2004 at Back Beach
Saturday, 25 Sept. 2004 Tropical Fish Viewing/Collecting at Kings Beach, RI
Saturday, 16 Oct. 2004 Underwater Pumpkin Carving at Back Beach
Friday, 26 Nov. 2004 Cold Turkey Shore Dive at Old Garden Beach
Tuesday, 7 Dec. 2004 Holiday Party at Courtyard Marriott
Thanks!! Chris Sargent, President, MVDC
Please check out N.E.R.D.S. - the Northeast Regional Dive Society at http://www.nerddivers.com. Thanks!
Bubbles Dive Center
55 Chapel St
Newport, RI 02840
Phone 401-847-4985; Alternate phone 401-848-7619
Instructor Trainer for DAN & WASI. PADI Master Instructor, SDI/TDI Instructor with over 40 Specialties to offer by appointment. With over 6300 dives, 34 years of experience, 15 years of Instruction. We have dived the Pacific, Atlantic, Gulf, Caribbean, underground, freshwater, rivers, author, photographer, explorer, and lecturer. We also have new equipment for sale, and conduct tank hydro’s and inspections.
Open Water Class; Advance; Rescue; Nitrox; Equipment; DAN 02; & Other Specialties available on request.
Northern Atlantic Dive Expeditions offers recreational and technical diving based
out of the north shore of MA. Our specialty is shipwrecks but we visit all
popular dive sites, including Halfway Rock, Saturday Night Ledge, and Paddock
Rock, among others. This summer, we are introducing our new custom built 36'
dive boat and expanding our schedule to include more diving! Fast, comfortable
and built for divers, this boat will run out of Salem's Pickering Wharf Marina.
We offer recreational training through NAUI and PADI and technical diving
education through TDI. Visit http://www.northernatlanticdive.com or call 617-480-5261 to
learn more.
Thank you, Heather Knowles
Northern Atlantic Dive Expeditions, Inc.
P.O. Box 154
Beverly, MA 01915
http://www.northernatlanticdive.com
Phone: (617) 480-5261; Fax: (781) 639-1467
Charles Walpole
Narragansett Pier Dive Shop
145 Boon St
PO Box 700
Narragansett, RI 02882
401 783 2225
Here are the South
Shore Neptunes events for June and July:
Sunday, June 6th, Point Dive (Boat Dive).
Location: Three and a Half Fathom Ledge Buzzards Bay.
Leave from Quincy Yacht
Club at 8 am, pick up at Pemberton Pier 8:30 am.
Tuesday, June 8th, 8 - 9 pm, BOD Meeting.
Friday, June 11th, Dinner Night Out, 7:30
at the Hilltop in Braintree.
Sunday, June 13th,
Boat Dive. Leave from Quincy Yacht Club at 8 am, pick up at Pemberton Pier 8:30
am.
Tuesday, June 15th, 8 - 9 pm, Membership Meeting.
Sunday, June 27th, Club picnic on George's
Island. Details to be announced later.
Tuesday,
July 6th, 8 - 9 pm, Membership
Meeting.
Tuesday, July 13th, 8 - 9 pm, BOD Meeting.
Sunday, July 18th, Point Dive (Boat Dive). Location: Lovell's Island -
followed by a picnic on the island.
Leave from Quincy Yacht Club at 8 am, pick up at Pemberton Pier 8:30 am.
Tuesday, July 20th, 8 - 9 pm, Membership Meeting.
Sunday, July 25th, Boat Dive. Leave from Quincy Yacht Club at 8 am, pick
up at Pemberton Pier 8:30 am.
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The United Divers of New Hampshire (UDNH) Dive Club was founded in 1975 to educate divers and expand the knowledge of diving in both the State of New Hampshire and in New England in general. The club also provides an informal setting for diver interaction. Click the link www.udnh.org for more info.
|
Captain
Rob’s – Rye, NH
Captain: Rob Kenney
Boat:
Giant Stride
Web
Site: http://www.captainrobs.com
Phone:
(603)
926-9350
You're you looking for a day under water with the seals? Want to snorkel a secluded cove five miles offshore? Or just go diving? Captain Rob has the boat. Grab a buddy and bring your dive gear.
Enjoy half-day charters aboard the M/V Giant Stride with
Captain Rob Kenney. Rob is an experienced Captain with 18 years of
diving experience, and he's been the Captain of the Giant Stride since 1995.
Trips
and Pricing:
Up
to three trips leave daily from Rye Harbor, New Hampshire, just one hour north
of Boston. Charter fees range from $25 to $60 based on number of tanks
and destination. A typical 2-tank half-day charter is $60. Special
group rates and private charters for diving, snorkeling, fishing or just
enjoying a day on the water, are available.
The charter fee of $60.00 is reduced for NEADC members to 50.00. Call to find out more information or reserve a charter.
Captain
Rob's Dive Charters is a family owned and operated business. We thank you
for your patronage.
PilotHouse
Charters - Plymouth, MA
Captain: David Iovanna Boat: Tip-N-Ring Web Site: http://www.pilothousecharters.com/
Phone: (603) 785-8777 E-Mail: CaptDavid@Pilothousecharters.com
Diving in Plymouth and surrounding South Shore waters aboard a 31’ Parker pilothouse that fits up to 4 divers.
Half Day - 2-tank dives - $65 per diver. Two trips: 8AM-12PM and 1PM-5PM.
Cape
Ann Divers - Gloucester
Web Site: http://www.capeanndivers.com/scubacharters.htm
Phone: (978) 281-8082 E-Mail: contactus@capeanndivers.com
Probably the largest charter operation in New England, Cape Ann has two boats. The Cape Ann Diver is “six-pack” (6 divers) at 31’ and the Cape Ann Diver II is a 45’ off-shore boat that can handle up to 20 divers. We don’t get a club discount with Cape Ann, but they are the biggest game in town and both boats usually go out twice a day.
Most 2 tank dives are $65. Triple tank dives and Isle of Shoals are $90.
Cape
Cod Bay Charters - Plymouth, MA
Captain: John Carty Boat: Lucky Lady Web Site: http://www.ccbcharters.com/
Phone: (888) 488-3483 E-Mail: Ccbcharters@aol.com
Enjoy Cape Cod's finest fishing and diving aboard the fully equipped, custom designed 36' Topaz. Maximum of 6 people per charter are welcome. 4 hour dive charter ~ $75.00 per diver. Provincetown drift dive ~ $100.00 per diver.
NEADC
ANNUAL PICNIC
SATURDAY, JULY 17, 2004, 10:00 am
Stage Fort Park; Gloucester, Massachusetts
This year we are again combining our event with the Great Annual Fish Count being held same day, same time. Raffles, BBQ, door prize, seining for local species and other activities including Fish Count Dives to be announced.
FREE
– Please RSVP
See any NEADC Officer to HELP
OUT!
(Stage Fort Park charges a parking fee of $10 per vehicle)
Directions
to Stage Fort Park Beach from Boston: -
Take route 93
North to Route 128N/95N. Follow 128N when the two split staying on 128N.
Take exit 14 (to route 133) with a right at the bottom of the ramp following
the sign to Gloucester Harbor.
Proceed on route 133 - you will pass the commuter T station on your left after
1.1 miles, then Yankee Tours on your left at 1.9 miles. At about 2.5 miles
you'll reach the water, turn Right.
Follow the road for about 0.1 mile, and Stage Fort Park will be on the left.
Divers Down Television - with Mark Stanton.
"Featuring Worldwide Underwater Adventure Travel"
DDTV airs as part of the NESN Outdoors block on New England Sports Network multiple times weekly. Programming is by divers for divers, and includes dive travel destinations from Canada to Australia, as well as regional programs about dive sites right here in the northeast. Divers Down is entering its 19th season.
Typical scheduling is as follows, with some fluctuation during the year (check your local listings):
Sundays------10 pm Wednesdays------4 pm Fridays------9 pm
NESN is available by cable in all six New England states, and nationwide by satellite on DirecTV channel 623 or Dish Network channel 434.
Programs are available on VHS by mail order. For a list of titles, send a self addressed stamped envelope to:
Divers Down Television
P.O. Box 288
Halifax, MA 02338
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247 W. Central St. Natick, MA 01760 (508) 651-0698
MASS Diving is a PADI-5 Star Training Facility and Travel Center offering all levels of SCUBA instruction and the largest selection of SCUBA equipment in New England.
Join us this summer for our MASS Diving Program! We offer guided shore dives, boat dives, and PADI Specialty Dives. See our website for details.
Join us for a warm water dive! Little Cayman – November 2004, Palau – January 2005, Dominica – February 2005, Anthony’s Key Resort in Roatan – March 2005, Grand Cayman – April 2005, Cocos – May 2005, Papua New Guinea – November 2005. Details are on the group travel section of our website.
Cape Ann Charters, Inc.
Hi, my name is Francis Marcoux. I am captain of the dive charter boat, Daybreaker, out of Gloucester, MA.
We are looking forward to another season with you on and under the water. Needless to say, if you know us you know how much we missed being out with everyone. We put a new engine and transmission in the boat this winter as part of our long-term maintenance program. The following is our schedule for the next two months. To get weekly updates during the summer season, all anyone has to do is ask to be put on our e-mail list. We do not sell or give out our list and use it only for our charter business and to share dive information. If you know of someone who would like to be on our list have them email their address to me at franm52@aol.com and I will add them to my list. The fastest and usually best way to contact me is my mobile phone, 508-873-8339, and if you do not reach me directly, leave a message with your daytime and evening phone numbers and the times best to reach you. Please speak clearly when leaving numbers and messages. These dates listed below and others not listed can be chartered for different sites in most cases until we receive a reservation on that date for the site listed. In addition we go to all the normal Cape Ann dive sites plus most of the deep technical wreck dives in the area, so if you have a site in mind and it is not listed, call us and we will try to accommodate you. Our normal AM charters leave the dock at 8 am and we like to have everyone on the boat ready to go at 7:45 am. We try to return between 12:00 and 12:30. The normal PM charter leaves the dock at 1 pm. We like to have everyone on the boat ready to go at 12:45 pm, and we try to return between 5:00 and 5:30 pm. At this time our rates remain the same as last year and we hope to keep it there. You will notice some of our scheduled dives have an * * after them. This indicates one or more of the following: more than 2 dives, longer time out on charter than normal, special skills and equipment needed, depth is greater than 130fsw, additional costs are involved, and the location of where you get on the boat is different than Gloucester. Please call if you need information on these special dives, about anything about the schedule, or if you wish to reserve some spots on our boat. On Monday through Thursdays, we will run the boat with a minimum of 4 divers with the exception of special trips. We have a pretty detailed information sheet, which answers most questions commonly asked so if you have questions, ask and I will e-mail you a copy. We hope you have a safe and fun diving season.
Sincerely
Linda, Fran, Matt, and Ryan Marcoux
Cape Ann Charters Inc. Dive Schedule for June and July 2004
|
Date |
Time |
Dive(s) |
Date |
Time |
Dive(s) |
|
|
June 4 |
8 AM |
Technical Wreck of the Baleen * * |
June 4 |
1 PM |
Wreck of the Chester Poling and Divers Choice |
|
|
June 5 |
8 AM |