Gloucester dive flag law ... current status?

[RIOceanographer]

I was talking to Fran Marcoux of Cape Ann Charters today while I was out on his boat.

I asked him about this issue and he told me that there was a movement to get the town to drop the local flag law and have Gloucester simply adopt the more reasonable MA state dive flag law instead. A law similar to Gloucester's was already struck down by the MA courts (I believe it was in Nahant but I may be remembering it incorrectly) and the case was argued by the same attorney that the Bay State Council has on retainer. Based on this legal precedent, the town's attorney's recommended that local flag law be dropped. This was opposed by two of the selectmen with ties to the lobster fishermen so the law was kept on the books in spite of the legal advice.

However, the harbormaster has said that he does not have the resources to enforce the law, and therefore currently has no plans to do so.

I have no firsthand knowledge so I can't verify any of this, but Fran seems pretty in touch with the situation and the local politics. Obviously the situation may change, so there is no guarantee that divers won't be fined under this law, but for the moment this issue appears to be on hold.

 

[tep]

Sorry, I'm not up to date on this, being in SoCal, but it looks like the main purpose of the law is to make diving impossible so that divers can't take lobster, leaving them for the lobstermen?

 

[mello-yellow]

Sorry, I'm not up to date on this, being in SoCal, but it looks like the main purpose of the law is to make diving impossible so that divers can't take lobster, leaving them for the lobstermen?

Yes, you figured it out!

Nobody cares about "one flag per diver" except lobstermen -- who are a major industry in Gloucester. And I heard that state representatives from Gloucester are quietly pushing for a law to make recreational lobstering in Massachusetts illegal altogether. Not sure if that rumor is true, but it would not surprise me at all if it is.

 

[scubadobadoo]

I know a lot of divers in the area and I dive the area every year (although I won't this year due to the stupid flag rules) and I have yet to see or meet someone who is stealing lobster from those traps. Maybe I just hang with the wrong idiots or something isn't right here. The amount of time and energy put into dealing with divers in this area by the lobster men (who I respect a great deal btw) can't be worth it to them can it? I mean really, how many lobster could a few ******* divers be taking (and yes it's wrong in any quantity) to make it worth creating laws that make it dangerous to dive??? Most divers I know police this kind illegal of activity thus helping the lobster men while diving this area. Rant off...thanks.

 

[=C=]

Before reading your post I thought this was the norm.

I believe most of Europe says you should carry a flag. Czech the laws say one flag per diver (enforcement is usually one per group). They go on to say the flag (which can be an SMB) should have a red white diver down flag and on the other slide it should have the blue white diver flag.

Yes, occasionally someone gets fined... (500czk i think... about 50 bux)

 

[scubadobadoo]

Yes, but one flag per diver is just silly and an entanglement hazard waiting to happen when sometimes 40 or more divers can be on one small site.

 

[RiverRat]

I was just diving on Fran's boat last week. We had to take flags on our scallop dives. Just as we hit the bottom Fran said a good sized boat blasted over where we just decended from. Guy probably didn't even see the flags until he was over us. Fran said if we were on the ascent we could have been hit, most likely would have killed one of us. They need to stop fining divers and start upping the fines of careless boaters. Too many of them are reckless and getting away with it.

 

[RIOceanographer]

They need to stop fining divers and start upping the fines of careless boaters. Too many of them are reckless and getting away with it.

It would be interesting to find out what the actual statistics are in terms of fines issued to both boaters and divers. I've seen lots of people make statements like this but I've never seen what the actual numbers are. Are divers really fined more than boaters over flag violations?

Down here in RI I don't personally know any divers OR boaters that have been fined over dive flag laws.

 

[wreckedinri]

Down here in RI I don't personally know any divers OR boaters that have been fined over dive flag laws.

Ditto that.
The "law" seems to be in place only to be utilized once someone is killed or injured. No flag and a diver is hurt or killed - diver's fault. Proper flag in place and a diver is hurt or killed - boat operators fault. Either way; the diver loses!

Here's a question: Who enforces the law?

A few years go - maybe five - we are anchored in a popular dive spot. Flags a-flyin, both Alpha and Diver-Down, 1 meter each, as well as a floating flag off the stern. First a blow-boat comes cruising by nearly polishing our rub-rails. When I say "what the fudge" I get a look from the dude like "whad-I-do?".

Next come the Jet-skiers using my boat as a turn pylon for an impromptu race. OK; enough is enough. I get the Coasties on the horn - they are only across the bay - and get told (of course) that it's a local issue. Try as I may, do you think I could raise the local Harbor Master? Finally; I get the dispatcher and an hour later the HM comes by and WARNS the offenders! I had their numbers and a photo of the boat almost running down the flag!! If there was ever a time for a fine to be issued, that was it.

As I said; the law will kick in once one of us is dead or dying!

Whew . . . rant over . . . sorry about that.

Dennis

 

[Charlie99]

It would be interesting to find out what the actual statistics are in terms of fines issued to both boaters and divers.

My bet is that divers get more citations. Divers are easier to catch. Even a game warden on the beach can catch divers while it's way too much work to take down boat registration numbers and hunt them down later.