Becky-
There is no problem being on the same boat. The regulations for the South Atlantic (NC - FL east coast beyond 3nm) specify its a possession issue (just for the snapper-grouper complex), and its an in-water possession issue at that:
Quote:
In the South Atlantic EEZ, a person using a rebreather may not harvest South Atlantic snapper-grouper with spearfishing gear. The possession of such snapper-grouper while in the water with a rebreather is prima facie evidence that such fish was harvested with spearfishing gear while using a rebreather.
In the Gulf of Mexico (i.e., beyond 9nm off Florida), there are no rebreather-specific spearfishing restrictions, so you could spear and film if you so chose.
Florida's regulations are a bit more fuzzy:
Quote:
(a) No person diving in state waters by means of a rebreather shall harvest any marine species. Use of rebreathers for any nonconsumptive purpose is allowed in state waters.
(b) The possession of any fish that has been harvested by a person diving in state waters by means of a rebreather, aboard a vessel fishing or at rest in state waters, shall constitute a violation of this subsection.
Regardless, as long as there are OC divers on board, you are fine.
Are you going out to film with the Headhunter guys?
If you are filming in other areas, let me know where and I can give you the specific regs.