The shark cage diving season usually begins on December 1. However, operators have not been issued permits or informed whether they will be issued permits as Doc works through ''complex'' issues surrounding the industry.
For Shark Dive New Zealand owner Peter Scott, of Careys Bay, that is not good enough.
''We applied for this permit back in April,'' he said.
''They have had eight months to sort it out and they are incapable of doing it.
''It must be the most useless department in the government. All we want is a permit to go out and do our work.''
The industry, which operates off Stewart Island during the summer months, has been surrounded by controversy, with Stewart Island residents claiming shark cage diving had increased the danger of great white shark for island residents and users.
Further complicating the matter is ongoing legal proceedings before the High Court to determine whether Doc has the authority to issue permits to operators.
Mr Scott said he had clients booked and the stand-off would begin to bite economically if not resolved.
''We have people coming from overseas, we have people from within the country that have booked in advance,'' he said.
''We can't just tell them we can't go because we haven't got a piece of paper.
''It's all going round and round and round in circles because everyone's too scared to make a decision.''
He was issued a draft permit weeks ago only for Doc to then take the permit back, he said.
Soon he would have ''no choice'' other than to operate without a permit.
''If they arrest us or whatever, so be it,'' he said.
Doc Southern South Island operations director Allan Munn said the department hoped to have the matter resolved by now, but operators could expect to be informed of their fate ''in the next few weeks''.
''We are working as fast as we can,'' he said.
''However, the process for issuing permits is complex and has been further complicated by the legal proceedings before the High Court.''
The High Court was considering Doc's authority to issue permits for shark cage diving and whether it should consider public safety when issuing permits, he said.
''The department is aware that the shark cage diving operators have made bookings for the new season while they wait for new permits to be issued,'' Mr Munn said.
''We are working closely with the operators to ensure that the activity continues in a manner that is consistent with the terms and conditions of their previous permits.''
Justice Karen Clark heard evidence on the matter in October. She reserved her decision.
Yesterday, a High Court spokeswoman in Wellington said no further dates had been set and it was unknown when Justice Clark would deliver her decision.
