Five Graves dive flag check, 11/27/2007

[Aerodog]

State conservation LEO (far left) informing scuba divers of the dive flag law this morning at Five Graves. He caught several groups of divers coming in without a flag. Thats my flag in the right side of the picture. (just beginning my dive)

 

[kidspot]

lol - Divebuddysean and I were there at the same time - guess we saw each other.

He's got pics from the other side as the officer was "talking" with those two.

Aloha, Tim

btw - I had my flag too ... tucked inside my pocket, but I "had" it with me

 

[MauiScubaSteve]

Tim, did the officer ask you to show your flag? I also sometimes have my flag with me but not on the surface as the regs require and I have wondered what might be said.

 

[kidspot]

we were diving from the landing, so we were not coming or going, just checking out the entry by the pool (where the officer was) I did consider asking him about my flag ...

FWIW - here's the regs for anyone interested (thx to KrisB for pointing me to them)

[SIZE=+1]§13-245-9 Diver's flag.[/SIZE]
(a) A "diver's flag" as defined by rule and measuring not less than twelve inches by twelve inches shall be required to be displayed on the surface of the water by any person or group of persons engaged in free diving or SCUBA diving.

(b) Notwithstanding subsection (a), a diver's flag measuring not less than twelve inches by twelve inches, shall be displayed on the highest point of the main structure of a non-motorized vessel that is sixteen feet or less in length overall in order to provide unobstructed view of the diver's flag from all directions when diving from the vessel.

(c) Notwithstanding subsection (a), in addition to the "Alpha flag" required by the United States Coast Guard, i.e., a blue flag with a white horizontal strip running from the upper left side to the lower left side, a diver's flag measuring not less than twenty inches by twenty-four inches, shall be displayed on the highest point of the main structure of any motorized or non-motorized vessel that is greater than sixteen feet in length overall in order to provide unobstructed view of the diver's flag from all directions when diving from the vessel.

(d) No person shall engage in free diving or SCUBA diving, or display a diver's flag, in a manner that shall unreasonably or unnecessarily interfere with vessels or with free and proper navigation of the waterways of the State.

(e) Except in cases of emergencies, free diving, swimming, or SCUBA diving within navigation channels shall be prohibited.

(f) All vessels shall be prohibited from approaching within one hundred feet of a displayed diver's flag or within fifty feet of a displayed diver's flag on navigable streams, except within marked navigation channels. Vessels approaching a displayed diver's flag to conduct SCUBA, snorkeling, or free diving activities within the one hundred foot or fifty foot restricted area shall be allowed to do so provided that the vessel approaches at a speed of slow-no-wake.

(g) Vessels navigating through marked navigation channels are exempt from the distance
restriction described in subsection (f) but shall proceed at a speed of slow-no-wake through the navigation channel when a diver's flag is displayed adjacent to the navigation channel.

(h) The diver's flag shall be displayed only when free diving or SCUBA diving is in progress, and its display in a water area when no diving is in progress in that area shall constitute a violation of these rules.

(i) There shall be no subsurface distance restrictions from a dive flag, however, except in cases of emergencies, free divers or SCUBA divers shall be prohibited from surfacing more than one hundred feet away from the diver's flag in the ocean waters of the State and fifty feet in navigable streams.

(j) Authorized representatives of the department and life saving personnel are exempt from the distance restrictions of subsection (f) when performing functions related to their duties.

(k) Anyone violating any provision of this section shall be subject to fines and penalties as provided in sections 200-14, 200-14.5, and 200-25, HRS. [Eff 2/24/94 am July 5, 2003] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-14, 200-14.5, 200-24, 200-25) (Imp: HRS §§200-2, 200-3, 200-4, 200-10, 200-14, 200-14.5, 200-24, 200-25)

 

[howard4113]

The only thing more ridiculous than requiring a dive flag at the beaches is paying someone to enforce this inane law. Neither the flags nor the people who it enforce the law are serving a useful purpose. If you're free diving 1000 feet out that's one thing; entering and descending/ascending and exiting close to the beach poses no safety risk that is mitigated with a dive flag. However, to satisfy DLNR perhaps we should pool our money and put permanent dive flags at the popular sites and get this monkey off our backs. Lacking that, you could sew a 12x12 dive flag to the back of your wet suit and meet the letter of the law.

 

[ScubaSeanMaui]

I'm with you Mark. I wonder when I'm going to get my 1st warning or citation!

Check out this trash bag I hauled out of the water. It was right beneath were I have seen several people fishing numerous times... It had some broken fishing gear in it... Maybe they could enforce some of this?

Sean

 

[KrisB]

I imagine that is what the DLNR guy was really doing there, Sean. (But in his boredom / in-between times, was talking flags)

I agree with Mark in that some parts of the law are really ridiculous. I mean, what's the point in parking the flag in 10' of water in an area that boats don't go anyways (e.g. Ulua Beach)?

The really big issue is that the other side isn't being enforced (AFAIK) -- that is, what happens when a vessel approaches a flag at full-speed? I haven't heard of any citations on this point, and that is TRULY the part of the law that seeks to protect the general populace.

Furthermore, why isn't it being enforced against the casual snorkeler that happens to do the odd surface dive, instantly becoming a free diver?

I would also like to see further enforcement and education for the rental vessels, e.g. kayaks. The closest I've come to having an issue surfacing was at the end of the first reef at Ulua doing CESA's when a flotilla of kayaks passed within inches of my float (which had a flag attached, meeting the requirements of the statute). The risk here is significant not due to the risk of severe injury from collision, but instead from the proximity of risk and the fact that they were moving fast enough to potentially cause a concussion or similar injury which could be fatal in the situation.