Hazard to Navigation????

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perpet1

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Scuba Instructor
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Location
New Hampshire
Question:

What are the requirements when diving in or near a boating channel (besides the obvious dive flag)?


I do understand the hazards associated with this but there is a dive site that requires me to traverse a narrow channel underwater. The boat traffic is only small recreational boats with a draft of <4'6' Max. The channel is about 50' deep and 40' wide. Boat traffic is not a styeady flow maybe a boat every 5 or 10 min. I was told by a harbor patrol that I could NOT dive there because it was a "hazard to navigation".



What constitutes a "hazard to navigation"?
 
perpet1 once bubbled...
Question:

What are the requirements when diving in or near a boating channel (besides the obvious dive flag)?

I do understand the hazards associated with this but there is a dive site that requires me to traverse a narrow channel underwater. The boat traffic is only small recreational boats with a draft of <4'6' Max. The channel is about 50' deep and 40' wide. Boat traffic is not a styeady flow maybe a boat every 5 or 10 min. I was told by a harbor patrol that I could NOT dive there because it was a "hazard to navigation".

What constitutes a "hazard to navigation"?
Here's what 33CFR245.5 has for definitions:

Hazard to navigation is an obstruction,
usually sunken, that presents sufficient
danger to navigation so as to require
expeditious, affirmative action
such as marking, removal, or redefinition
of a designated waterway to provide
for navigational safety.

Obstruction is anything that restricts,
endangers or interferes with navigation.

xxxxxxxxxxxxxxxxx

Every state I have been to has laws about obstructing navigable channels.

A boat every five minutes is quite a bit of boat traffic.

Why can't you start the dive in a place where this won't be an issue?

Is the structure actually in the channel? If so, it may be undiveable.

I've got information on some wrecks down here that I just can't get to unless I have a gaggle of permits. You might have one of those.
 
There is no real reason to hang out in the channel.

This is actually a good dive for artifacts because there was an old brigde there at one time. I agree we should make a point NOT to hang out in the channel but I do not see an issue with a quick crossing with a flag in tow. The river is between Maine and NH so I will look inot locol regulations.
 
In Florida at least, its illegal.

You may not display a dive flag in a place where it is a hazard to navigation except in an emergency.

Specifically, the statute states:

"(5) No diver or group of divers shall display one or more divers-down flags on a river, inlet, or navigation channel, except in case of an emergency, in a manner which will unreasonably constitute a navigation hazard."

You display such a flag in a channel, and its not an emergency, you're in violation.

Whether boats are present or not.
 
perpet1 once bubbled...
There is no real reason to hang out in the channel.

This is actually a good dive for artifacts because there was an old brigde there at one time. I agree we should make a point NOT to hang out in the channel but I do not see an issue with a quick crossing with a flag in tow. The river is between Maine and NH so I will look inot locol regulations.

Why not just get a boat for the trip?
 
The logic is pretty simple...if you require boaters to stay away from dive flags, you are obstructing the channel if you are there with a dive flag beacuae they cannot use it.

The degree to which you are obstructing the channel depends n the local dive flag laws (ie the distance a boat must remain from a dive flag) and the size of the channel. If the boat has to stay 50 ft way and the channel is 1/4 mile wide, youare not obstructing much. On the other hand if a boat must stay 300 ft from the flag and you are in the middle of a 500' wide channel, you are entirely blocking the channel.

I think hazard to navigation is perhaps not the correct term as it implies elements that are really not present.

I had not heard about it being illegal to dive within 150 ft of bridges, but had heard something similar about diving next to dams. I have not seen the law enforced and it really is a little stupid when you think about it. But it does go hand in hand to some of the over reaction to 9-11 and ties in closely with the FBI asking instructors for records on all students who did not finish a scuba certification course.
 
Without being familiar with the exact layout of the site, this may be off base.

How about a dive kayak to get across the channel and back?

Scott
 
Its all good. I spoke witht he Coast Guard and they say there is no such limitation. The bridge is not a restricted diving area.

As for the navigation hazard, this is a non issue since it was temperary and not fixed and the dive flag was visible. So a few recreational boaters had to wait 3 or 4 min. Sail boats wait for draw bridges all the time..... are they navigational hazards? (I guess they would be if the saail boat didn't wait for it to go up:) )


Neither NH or Maine have the restriction that Fl has on diving in this type of area. Besides this channel is narrow enough that even if I had to ascend I could angle it and come up on one of the sides of the channel from 40 feet.
 
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