(6/15/05) Someone tried to steal my float while I was under!

[Scuba_Jenny]

Originally Posted by Scuba_Jenny
In Florida a diver must display a diver down flag. If the boat is anchored, the diver needs to stay within 300 ft (will be corrected if I am wrong), otherwise must have a flag. So, any beach or drift diving we carry a flag. You can have up to 6 folks to one flag, but I have found groups of 4 or less is better.

Thanks Scuba_Jenny, didn't know about Florida laws. So if your on a boat that's anchored and beach diving, you need a flag but drift diving? Is that drift diving from shore (ergo the need for a flag)?

If you are drift diving or beach diving, you must carry a flag. If you are diving from an anchored boat and staying within 50ft or so of the boat, the boat has the flag.

Ok, as long as we are telling stories, Marine Patrol about yanked my buddy by the flag out of the water a couple weeks ago. She was HOT! Marine Patrol wanted to know if we were fishing. Those from shore who saw the action told us that Mr. Marine Patrol also checked the licensing of another diver, but mangaged to run over their innertube with dive flag attached first.

 

[cjames]

I was teaching a classs in Canyon Lake in Texas. There is a very well marked diver area in the lake with platforms, etc. Nobody messed with my flag, but about half way through the dive, one of my students got hooked by lure and freaked. I cut the line and tried to finish my class when what comes through the water but another lure. At that point I went up and started yelling at the top of my lungs things that would make a merchant marine blush. Same deal, all the guy could say is that he wanted his lure back. Fortunately for all, a park guy intervened and moved the ************ away before it got real ugly. Ever since then I've made it a practice to cut any fishing line that I see.

I never asked an attorney, but my assumption is that if the guy had hurt somebody, that at least a civil suit would be possible, if not a criminal one (assault).

 

[Charlie99]

I thought it was the 100/200ft rule, divers within 100ft and boaters more than 200ft away?

It seems that in Florida the "diver stays within" and the "boater stays outside" distances are the same. 100' in river, inlets, channels; and 300' elsewhere.

http://myfwc.com/boating/safety/law_summary.htm]

DIVERS-DOWN FLAG

The size of divers-down flags displayed on vessels must be at least 20 inches by 24 inches, and a stiffener is required to keep the flag unfurled. Dive flags carried on floats may still be 12 inches by 12 inches. Also, divers-down flags on vessels must be displayed above the vessel’s highest point so that the flag's visibility is not obstructed in any direction.

Divers must make reasonable efforts to stay within 300 feet of a divers-down flag on open waters (all waterways other than rivers, inlets, or navigation channels) and within 100 feet of a flag within rivers, inlets, or navigation channels.

Vessel operators must make a reasonable effort to maintain a distance of at least 300 feet from divers-down flags on open waters and at least 100 feet from flags on rivers, inlets, or navigation channels. Vessels approaching divers-down flags closer than 300 feet in open water and 100 feet in rivers, inlets, and navigation channels must slow to idle speed.

 

[simbrooks]

It seems that in Florida the "diver stays within" and the "boater stays outside" distances are the same. 100' in river, inlets, channels; and 300' elsewhere.

There you go then

The line on my dive flag isnt that long, so i should be ok

 

[Bill51]

As messed up as some of our law enforcement is here in Florida, I wonder who would get the ticket if someone stole your flag on a dive and they caught you surfacing without it?

In Florida you do have to take a test to operate a boat or watercraft if you’re under 16 years old, but that’s the only case. Because of the problems here, many insurance companies are offering discounts to boaters who have completed a USCGA or Powerboat Squadron course and it is starting to help, but there’s still a long way to go. I recommend to everyone I know who operates a boat to take the free online course offered by BoatUS as they do explain state by state laws regarding diver flags and boaters obligations.

It’s starting to sound like a good excuse for carrying a bang stick and spear gun on every dive.

 

[matt_unique]

Interesting read....I have not encountered that problem here in Mass yet. I have had a lobster boat drive 20' from our dive flag in 15' of water.

You guys said it - you can't prevent stupidity. Last weekend I am cruising out to a dive site and I see this guy tied off to a lobster buoy and fishing. The day a Mass lobsterman sees him doing this will be the last time he will make that mistake I am sure. I have seen that several times actually. What are these people thinking?

We should develop comical diver down flags with messages: "DIVER BELOW - ARMED and UNSTABLE" or something like that.

--Matt

 

[RoadWarrior]

See, this just proves the liberals are right. Had "DIVER BELOW" been written in all known languages you would not have had a problem.

Know you understand... it was not their fault, it was yours!

Go figure.................

 

[MXGratefulDiver]

Washington State also has a law that requires the use of a dive flag for shore diving. Except when conducting classes, we ignore it ... towing a dive flag can be hazardous to your health.

A couple years back I watched as a large (45+ foot) boat plowed through a popular dive site at over 20 knots and ran over a dive flag. The flag was in 20 feet of water, and there was an OW class being conducted directly beneath it. The whole thing was captured on video, and the boat owner and operator was easily identifiable, as he lived in one of the expensive waterfront condos just a few blocks from the incident.

When we reported it to the Seattle Harbor Patrol, they told us there was nothing they could do about it unless the guy hit and injured somebody. As the officer explained "no law was broken". Of course, deciding that it's safer not to use a dive flag is, in fact, breaking the law ... go figure.

... Bob (Grateful Diver)

 

[Bill51]

I was just discussing this thread with an attorney friend who started diving last year and only has about 15 dives so far. She raised the interesting possibility that anyone tampering with a dive flag could be prosecuted for reckless endangerment depending to some extent on the local laws. She also felt that a case would be much easier against someone operating a licensed boat than just a person walking or swimming near the shore.

It might be worthwhile to file a formal report with local law enforcement the next time someone messes with a dive flag, and go to the local media with the story if the law won’t prosecute a life threatening incident. Since you’re required by law in most places to display a dive flag, the press would love to report on a law that increases the danger to citizens when law enforcement won’t prosecute a case necessitated by the law. It would probably only take a few of these cases for word to get out that you keep away from dive flags and just the publicity of the case would educate many people.

 

[sharpenu]

I have seen numerous cases of dive flag abuse. I was diving once on the sugar barge near Anna Maria Island on FL gulf coast when 2 fishermen started fishing over our heads. We finally had to return to shore and call the FMP.

Many sport fishermen in Florida do not like divers or the Flag law. Some have told me they don't like divers, because divers and their flags take up all of the good fishing spots.

I have even been told by a dive boat operator in Jupiter that some fishermen have dropped cherry bombs tied to sinkers on divers, to make them leave prime spots.