My gosh, I realize this topic is old, but it's never one that's far from any diver's mind.
I have a number of opinions about boat laws and I'll offer one real quick as a side bar;
California has no restrictions on boat ownership/operation when it comes to private boats.
With the exception of a child under 12, or a drunk/impaired person, anyone can operate a boat without the slightest inkling as to the rules of the road or even common courtesy.
I've been a boater most of my life here in Southern California, where the adage is "Any idiot can own a boat", if you need proof, go to your local launch ramp....
I've seen incredible stupidity and lack of concern for anyone, much less themselves.
I've been sitting out 15 miles from land, drifting in the open ocean in the San Pedro channel, and sure enough, another boat will approach, and pass at 40 knots within 50-100 feet. They look at you like you're blocking traffic.....like I'm the problem...you have the entire ocean!!!!
Ok, before I completely lose my point;
I'd taken a friend out diving for a day, and we'd anchored my boat out off Palos Verdes, my boat is 30 feet, and although not a large vessel by comparison, certainly bigger than most that day. We'd set the anchor and I put my dive flag: I put it on my VHF antennae, which stands well over 6 feet above the highest part of my boat (which is the radar arch), the flag I bought is 4' X 6' with a wire to keep it extended without a breeze. It's VERY visible from 360 degrees no matter where you approach from.
As we prepared for our 2nd dive, and were gearing up we were commenting on the amount of boats that passed us, typically "weekend warrior" fisherman on a tralerable boat out for a day of fishing. Most passed well within 200 feet, and as we were getting ready to jump in, I watched as the F/V Matt Walsh, which is a well known local fishing charter boat, approach my bow and pass the boat about 40 feet from us. I was amazed at the blatant lack of respect for both space, and the obvious diver down flag. Of course I was in my gear, so getting to the VHF and screaming at the skipper of the Matt Walsh was out of the question. I did scream and wave at the captain, who I could clearly see in the pilot house, with his black baseball cap and red t-shirt, and all of the people who'd gone out for a day of fishing....
I was so angry, these guys are supposed to be professional, and KNOW the laws....they have to take a test to operate a commercial fishing boat.
We made our dive, listening to the constant buzz of boat traffic above, we made sure to follow my anchor line to the surface (thank goodness for good nav skills as vis was awful that day). As we surfaced and made our way to the stern of the boat, I floated there for a moment discussing what we'd seen. I saw a 30 or so foot sport fishing boat, pass to the front of mine about 40 feet away, as he came around my boat, he turned suddenly right at us, we were floating off the stern hanging onto a 50 foot drag line with a large white bouy on the end of it.
As I saw this idiot turn right for us, I began frantically waving and screaming "Diver's in the water!". He came within 20 feet of my stern before he turned off, I don't know if he ever saw us, but he certainly had no clue of the flag.
I decided that was our last dive for that day.
On another trip, we were taking our surface interval as a small boat pulled up about 100 feet off my starboard side, and began fishing. The occupants were oblivious to the flag. I calmly leaned over the side of my bridge and yelled out to them "Do you guys see that flag"? pointing at the dive flag, and one of the remarked, "Uh, yeah". I said, you have no idea what it means do you, he said "no". I calmly explained to him and he stared at me, then said (it was all I could do not to jump into the water and swim over there to chat) "it's not your ocean". I said I was going to call the Coast Guard and let them explain it to them, and of course, they put their poles away and motored on.
Ok, as I try to finish this epic rant, I suppose my point is; Most boaters (not all mind you) but most have no clue of the rules, and that flag means nothing to them. Their ignorance, can be deadly to a diver who is surfacing, so; in conclusion, be very aware of your sorroundings as you surface, and when you get within 15 feet or so, wait a moment, look, listen and wait....a boat approaching will be getting very loud very quick.
It's also a good idea to carry a diver below bouy, in case you come up away from your boat or off shore, I'd much prefer to replace a $40 float tube than to have me or another diver killed by some idiot behind the wheel of his boat.
