7 months ago

AD 2015 Q4

This is the “not do” component. It is also somewhat harder to define. After all, who determines the duty to care and the non-compliance thereto in unique emergency situations? Still, this component is more likely to lead to a recovery of damages. Put differently, when you are under a legal duty to take reasonable care and you do not do it, then you could be held liable for damages that are directly caused by the breach of that duty. The key elements are “reasonable care” and “directly caused”. Let’s break that down, starting with directly caused. This means that the damages are linked directly to the failure to perform the reasonable duty. This is called a causal connection. In other words, there must be a connection between the duty not complied with and the damages. deep diving are so hazardous that it may well be better to only jeopardise the life of one individual rather than two. That is, of course, as long as no one is put at risk during the subsequent body recovery or rescue efforts! Well, as a qualified instructor and dive leader, I shall continue to teach and advocate the buddy system. I do not like the idea of diving alone anyway. I prefer to share the joys of diving with someone able to share the memories of the dive. To me, diving is, and remains, a team sport. Which introduces another consideration: How would the principle of duty to take care be applied to children who dive? Training agencies impose age and depth restrictions on children who enter the sport before the age of 14. Depending on the age and diving course, a child may be required to dive with an instructor or at least another adult dive buddy. If the adult were to get into trouble, the child would not be expected to meet the duty of care of another adult. He/she would be held to an age appropriate standard. What about all those waivers? As mentioned in the previous article, waivers define the boundaries of the self-imposed risk divers are willing to take by requiring that they acknowledge them. Waivers do not remove all the potential claims for negligence and non-compliance with a duty of care. As such, it is left to our courts to ultimately interpret the content of a waiver within the actual context of damage or injury.


IMAGING PHOTO TECHNIQUES MIKE BARTICK/SALTWATERPHOTO.COM MIKE BARTICK/SALTWATERPHOTO.COM MIKE BARTICK/SALTWATERPHOTO.COM guide. If you sense that your guide is excited about something or there is a subject he or she really wants to show you, then it’s certainly worth investigating. Many times that familiar tug on my fin afforded me an opportunity to see something completely off the charts. An opportunity to photograph something unusual can even arise through observing your guide’s body language underwater, so pay attention. THE TORCH, STAGING AND THE STICK One of a guide’s most valuable tools is his torch, which is used regularly to find subjects of all shapes and sizes during the day and at night. A strong light with a tight beam can scan algae, peek under coral heads, peer into crevices and scan the sandy bottom, perhaps prompting movement in an otherwise stoic or cryptic subject. This slight movement is often all that’s needed for a guide’s eyes to discover a subject. Liein-wait predators such as frogfish and lacy scorpionfish survive by remaining motionless and relying upon their camouflage to hide and hunt. To the untrained eye even these somewhat gaudy subjects can blend in perfectly with their habitat. Staging is a practice in which a guide assists a photographer in composing an image by encouraging the subject to move into a more photogenic position. Some resorts and photographers are ethically opposed to staged photos — for good reason — but it is naïve to assume staging doesn’t happen. It may be as benign as enticing an octopus to engage its curious nature or using a blade of seagrass to gently brush the subject, but it also might be egregious — puffing pufferfish or holding turtles underwater, Communicating with your guide can lead to some extraordinary finds and special photo ops such as (from top) magnificent shrimp gobies, a pinkeared sea mantis with white eggs, and Holy Grail subject Rhinopias. Opposite: Hairy shrimp are one of the most sought super-macro subjects in the Indo-Pacific. 106 | FALL 2015

HOW TO SAY THANKS MIKE BARTICK/SALTWATERPHOTO.COM for example. Most guides will know such behavior is wrong and won’t be tolerated by their clients, but a fine line separates engagement and harassment. Each guide will have his or her own standards regarding this practice; a simple tap on the hand or a grunt will alert the guide that enough is enough and it’s time to move on. Praising your guide topside for being gentle is a good practice for promoting a more eco-friendly approach to the hunt. A compliment is much more powerful than a complaint; remember you’re a team and need to work together — mutual respect can go a long way. Nearly all dive photo guides now carry a “muck stick” to use in a variety of ways in the pursuit of different subjects. Pushing aside algae or tickling the foot of a crinoid with his stick, a guide can move quickly around a dive site, probing and searching. To some divers this activity might seem a bit heavyhanded or intrusive, but in the right hands a muck stick can be just the opposite. Some guides will carry several differently sized sticks, zip ties, a small piece of monofilament line or, my favorite, a chopstick. All of these can be used to tickle a subject, encourage movement or stabilize a diver without destroying habitat or unduly disturbing a subject. COMMUNICATION ABOVE AND BELOW Communicating effectively above the waterline will increase efficiency below, where time is limited, thus improving your ability to collaborate with your guide and subjects. Occasionally your bottom time will be consumed searching for a specific subject, so when it’s finally located it’s important to be ready — relax and concentrate on working the subject with your guide. Some of the most productive dive sites tend to be the busiest, so it’s also important to learn how to • Give a cash tip in the local currency. (Follow resort protocol in terms of when and how to give a gratuity.) • Share proceeds or a contest prize. • Tell the resort management how much you appreciated your guide. communicate with your guide underwater. Some guides use a honker, shaker or tank banger to signal their guests. Unfortunately these approaches also signal everyone else on the dive site, and a photo melee may ensue. A quieter method will allow guide and diver to move around a site and attract very little attention, even among a crowd, while still communicating with each other. A low-pitched grunt and a few hand signals can say it all. To further maximize your bottom time, try to arrange for a low guest-to-guide ratio or, better yet, private one-on-one excursions. Many resorts will offer such services at a premium, and the results generated may be well worth the added cost. CRUSTACEANS AND NUDIBRANCHS Ornate colors and interesting body structures are just a few of the reasons why crustaceans and nudibranchs are desirable photo subjects. But finding them isn’t as easy as you might think. Tiger shrimp, harlequin shrimp, hairy shrimp, bumblebee shrimp, boxer crabs and many of the light-sensitive nudibranchs don’t just sit on top of the reef. Finding these subjects may require searching through rubble and dead coral, for example. A guide who knows where to look and how to photograph these animals can be much less intrusive than a diver who digs into fragile habitat without knowledge of the area. Using your field ID book as a wish list, poll your resort’s guides: Ask what they are good at finding or what is seasonal, and let them know if there is a particular subject that you would like to see. Chances are good that something special might come to mind, which always adds excitement to a dive. Many guides who live in remote regions of the world have dedicated themselves to diving, sometimes despite local pressures to fish or collect. Their knowledge of the local marine life can be extraordinary, and their insights about behaviors can be remarkable even in the absence of formal education. Many guides have been responsible for discovering new marine animals. The close working relationships of divers and photo guides can forge lifelong friendships and create incredibly rewarding and enjoyable life experiences. It is hard to match the pure elation of finding a wish-list subject, discovering something new together or showing a diver a subject he has traveled thousands of miles to see. AD ALERTDIVER.COM | 107

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