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SCUBA DIVING PAGE ONE :: WORLD NEWS :: SAFETY

Jim Abernethy under criminal investigation for shark feeding death

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by ADAM H. BEASLEY AND EVAN S. BENN

MIAMI, Florida (28 Feb 2008) — Jim Abernethy, the charter boat operator whose passenger was fatally mauled by a shark near Grand Bahama, could lose the right to lead tours in those waters, Bahamian authorities said Tuesday.

But he also faces a more immediate concern: a criminal investigation by Miami-Dade homicide detectives.

Abernethy issued a brief statement Monday expressing condolences for ''this unfortunate accident.'' Attempts to reach him Tuesday were unsuccessful.

As officials sorted out Sunday's fatal adventure, divers across the world lit up online message boards about the controversial practice of cageless shark diving while baiting the predators with bloody chum.

Markus Groh, a 49-year-old Austrian lawyer, died at Jackson Memorial Hospital Sunday after being flown there on a Coast Guard helicopter. He was bitten during a shark-diving excursion with Abernethy's Scuba Adventures from Riviera Beach.

A Miami-Dade police spokeswoman said the investigation is routine, pending definitive autopsy results. ''We're involved because once the shark attack occurred, they brought him to shore and he died at Jackson Memorial,'' Detective Nelda Fonticiella said. ``Our role is to wait for the medical examiner to make an official ruling.''

The Miami-Dade County Medical Examiner's office listed Groh's mode of death as accidental Monday, but the autopsy report was not yet finalized Tuesday.

A Bahamian Ministry of Tourism spokeswoman said authorities there are trying to determine whether Abernethy violated any of the country's charter-diving guidelines. ''We have rules for diving,'' said Nalini Bethel, the tourism department's senior director of communications. Abernethy had been warned by the Bahamas Diving Association not to lead cageless dives in chum-baited water with tiger sharks, hammerheads and other potentially aggressive kinds.

The Scuba Adventures website said the purpose of Groh's six-day trip on the 70-foot Shear Water was specifically to find tigers and hammerheads. Bethel said it was a tiger shark that killed Groh.

She also said Sunday's incident could lead Bahamian authorities to forbid Abernethy from leading shark-feeding dive excursions there. It's already illegal off Florida's coast. The Florida Fish and Wildlife Conservation Commission banned shark dives with chum baiting in 2001 -- sending operators like Abernethy toward the Bahamas.

Even if the official investigations result in no criminal charges, maritime experts say Abernethy could have a legal headache awaiting him.

''I would sue the operator, sue the people involved,'' said attorney David Neblett of Miami Maritime Law.

 

Jim Abernethy
Notorious shark feeder Jim Abernethy who attempted to evade Florida's ban on shark feeding is now under criminal investigation after one of his customers died during a shark feeding dive in the Bahamas.

It would be far from an open-and-shut case, Neblett acknowledged. Like nearly all diving companies, Abernethy likely has his clients sign waivers, which are legally binding, according to attorney Michael Karcher, an adjunct professor at the University of Miami School of Law. ``The waivers try to be as absolute as possible.''

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  • SCUBA FORUM

  • DISCUSS THIS TOPIC - Dive in and have your say at Scuba Forum
  • KNOW BEFORE YOU GO

  • SCUBALINX :: Dive Florida
  • CYBER DIVER TRAVEL GUIDE :: Florida
  • CDNN DESTINATIONS :: Florida
  • KNOW BEFORE YOU GO

  • SCUBALINX :: Dive Bahamas
  • CYBER DIVER TRAVEL GUIDE :: Bahamas
  • CDNN DESTINATIONS :: Bahamas
  •  

    SHARK BAITING: Hype vs Reality

  • Myth: Shark feeders and shark baiters aim to conserve sharks.
  • Truth: Dive industry-endorsed shark feeders and shark baiters aim to profit from so-called "interactive" shark feeding tours that harm marine wildlife and compromise public safety.

  • Myth: Shark feeding is a non-issue because shark finning is worse.
  • Truth: Just because there are people doing worse things to sharks does not make shark feeding trivial, or a non-issue.

  • Myth: Baiting sharks or feeding sharks does not modify shark behavior.
  • Truth: Manipulating sharks with bait to approach dive boats and "perform" for a dozen or more thrill-seeking scuba diving tourists, or "model" for underwater photographers, severely damages their natural defense mechanisms and significantly increases the probability they will be killed by shark fishers.

  • Myth: Feeding or baiting sharks is the solution to finning sharks.
  • Truth: There is no evidence that the billion plus consumers who eat sharks are motivated by hatred, fear and revenge, nor that rebranding sharks as "circus" or "rodeo" performers will make them less appetizing.  Since the dive industry endorsed "interactive" shark diving, the number of sharks killed every year has tripled to satisfy the increasing Chinese demand for shark fin soup.

  • Myth: People get their information about sharks from Hollywood horror movies.
  • Truth: Most people do not get their information about sharks from crude, dated Hollywood horror movies (JAWS) nor underwater image touts masquerading as conservationists.  While it is natural to fear apex predators such as bears, lions, tigers and sharks, it is not natural to wish them to be wiped off the face of the planet.  People understand that most big animal species are threatened by human activities and should be protected.

  • Myth: Pretending that sharks do not eat humans will help protect them.
  • Truth: Whale sharks are renowned as the gentle giants of the shark world.  They do not eat humans, yet they are among the most endangered of all shark species. While not the perferred main course of apex predators, the notion that humans are somehow exempt from the menu is almost as absurd as the notion that encouraging people to bait, feed, poke, prod and ride sharks will stop one billion plus people from eating them.

     

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