Gloucester dive flag law ... current status?

[GradyDiver]

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?

My guess is that divers (specifically shore divers) are fined far more often for flag and lobster violations than boaters for buzzing dive flags. Being a boat owning diver, I know that you usually see the Harbor Master in no wake zones in channels. It's rare that I see them in Salem Sound (unless they're responding to an emergency - and then they aren't looking for boats too close to a flag). I do know that many boaters get written up for violating no wake zone speeds, but divers aren't generally in those areas. Most harbors have just a few boats to handle enforcement and on a good weekend, there are hundreds of boats in the Sound. Add that many are consuming alcohol and problems are bound to happen. I don't drink while boating, but I see many boats at my yacht club having a bit of difficulty docking after day of hanging out at Cocktail Cove (Misery Island) or alternating between bait and beer while fishing. Of course there are also plenty of sober boaters who are just ignorant regarding what flag means or inconsiderate when it comes to anybody else's safety.

Unfortunately there is no licensing for boaters. All you need is enough money to buy one and the desire to put it in the water. I have seen some unbelievable things out there and still expect to be surprised. I would personally welcome a recreational boating license that works like a car license (the commercial licenses require many hours of operating a boat before you can be licensed). Being able to answer some basic safety and operating questions could be phase 1 (dive flags could be part of this). Bringing the boat out with an official to evaluate your skill and judgment could be phase 2. I’m sure the number of dangerous boaters would be cut down significantly.

 

[RIOceanographer]

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.

That would be my guess as well, though I'd guess the number of divers fined is still going to be very small. I'd also guess RI is more lax about enforcing it than MA is.

But real numbers would still be nice since this topic/gripe seems to come up fairly often. It is always better to gripe about reality than perception.

 

[RiverRat]

I don't have a problem with fines. I mean we divers need to identify ourselves to the boaters so we don't get hit. The problem I have is that the fines should be MUCH stiffer for the boaters. If they are reckless and ignore the flags (as many do) and the speed laws (as many do) they should pay an expensive fine that would slow them down. Too many boaters ignore the flags and buzz right by them or are going so fast by the time they realize it they're already over the flag. They can literaly get away with murder if they hit a diver. Hitting a diver with a boat is like hitting a pedestrian with a car. To be fair diving without a flag is akin to J walking or walking at night in black clothes. We need to be seen. But if we follow the rules the boaters have to as well and should pay a bigger price as they have the bigger repsonsibility for handling a deadly vehicle.

 

[Twosocks]

Just an FYI that seemes to relate... I was doing my open water dives at a cove in Gloucester, near the Rockport line (Ye Old Town Landing?) a few weekends ago and we 'met' an EPO. He gave two students in our group 'Warning' citations for supposedly being more than 100' from our flag while at the surface. We think he mistook us for another group but, that is beside the point now. Anyway he made mention of the local flag per diver rule and stated that he felt it was foolish and therefor would not be enforcing it.

 

[RiverRat]

Just an FYI that seemes to relate... I was doing my open water dives at a cove in Gloucester, near the Rockport line (Ye Old Town Landing?) a few weekends ago and we 'met' an EPO. He gave two students in our group 'Warning' citations for supposedly being more than 100' from our flag while at the surface. We think he mistook us for another group but, that is beside the point now. Anyway he made mention of the local flag per diver rule and stated that he felt it was foolish and therefor would not be enforcing it.

Yeah I'm more worried about the boaters than getting a fine. I don't dive up there enough to worry. But on another note congrats on the OW dives!
Welcome to the sport and dive safe!

 

[zaa_baa_zee]

I just came from probably that same spot,,, "Folly Cove" where an EPO officer wrote out 4 separate fines, 50 dollars each for those of us who didn't have a flag. Yes we came up separatly, within 5 minutes of each other,, and we had a boat travel right over the group.

 

[Mitchell]

Just today I witnessed an off duty Maritime Law Enforcement Tee shirt wearing fella pull up in his green truck and what seemed like he was writing tickets to everyone at Folly Cove. So I asked a woman who said he took our drivers liscense and was preparing to give us tickets. Funny how just a few minutes before he was walking his three dogs on the beach then went to get his green truck from the parking spot up the hill. I can't believe they have nothing better to do.

 

[SadiesMom]

I would guess the motivation is less "nothing better to do" than "easy money for the Town's coffers."

 

[wdearn]

Anyone that gets a ticket needs contact baystate council so they can get in contact with attorney on retainer the fine that is illegal is every diver needs a flag as long as your group had one flag then this law can be fought in court

 

[RIOceanographer]

Just today I witnessed an off duty Maritime Law Enforcement Tee shirt wearing fella pull up in his green truck and what seemed like he was writing tickets to everyone at Folly Cove. So I asked a woman who said he took our drivers liscense and was preparing to give us tickets. Funny how just a few minutes before he was walking his three dogs on the beach then went to get his green truck from the parking spot up the hill. I can't believe they have nothing better to do.

Just for clarification, were the tickets being written according to the MA state law of one flag per group or the Gloucester law of one flag for every diver?