What does the law say in Hawaii about . . .

I've been told conflicting info about two things here in Hawaii and just wondering if someone can set me straight or where to go to find out (DLNR?)

Dive flag required to be flown whenever shore diving? I've heard Yes and No - I have one, just wondering if it's required.

Spearing Parrot fish - Is it legal at night? One person told me no because they are sleeping but someone else told me it's OK.

Of course I guess this just means I'm adding in one more person's opinion - lol

Is there a place online that would have these and similar rules available for study? I've searched but not found yet.

Thanks, Tim

Per http://www.hawaii.gov/dlnr/dar/fish_regs/specprov.htm :

Dive Flags
Spearfishers and other divers must mark their position with a dive flag while diving in navigable waters, and may not surface more than 50 feet from the dive flag.
Dive flags shall be displayed only when diving is in progress, and must be removed from the water when no diving is in progress. HAR 13-245-9

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Provided you surface within 50' of your boat, then flying a flag from the boat should meet this requirement. That's why people associate dive flags with shore diving only.

As in many locales, the dive flag law and common practice are quite different.

The only place I've seen any enforcement of the dive flag law is by the lifeguards on the Kamaole I, II, III beaches in Kihei. At least for Kam 3, I would use one anyway, due to the close proximity to Kihei boat ramp.

Dive flags are often used by instructors at Old Airport, but they usually just tie it off a few yards off the beach, then pick it back up on the way in.

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You can probably find the answer to your parrotfish question by poking around http://www.hawaii.gov/dlnr/Welcome.html

Thanks Charlie,


I've seen that at airport beach - actually I nearly got myself in trouble the other day while snorkeling there - followed some divers, but didn't realize they were out past the markers until I heard a boat approaching - no dive flag, except near the shore where they left it.

When scuba diving I've been towing a flag, but as new as I am it's taking a bit of focus to keep from getting tangled up in the line I am dragging.

I appreciate the dlnr link - didn't know they had it online yet.

Tim

kidspot:

- actually I nearly got myself in trouble the other day while snorkeling there - followed some divers, but didn't realize they were out past the markers until I heard a boat approaching - no dive flag, except near the shore where they left it.

When scuba diving I've been towing a flag, but as new as I am it's taking a bit of focus to keep from getting tangled up in the line I am dragging.

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The same sort of thing happened to me in May, just after jetskis were allowed back into the water. Never had a problem diving since I just stay submerged until back to the surf line, but while snorkeling in Kihei a couple jetskis in Kihei were getting pretty wild, and since they were well in inshore of me I did some hard slaps of the fins to make a visible splash. They idled over and said something to the effect of "wow, we never even saw you!"

Since then I've dragged a Sporasub inflatable torpedo float/flag if I'm snorkeling well offshore. A lot, lot easier to tow than standard dive flags. Maui Sporting Goods on Market St. in Wailuku carries them, as well as anything else you want for spearfishing.

maybe I should go back to towing a small inflatible boat with my dog in it (works well except when I submerge, she jumps overboard to find me and can't get back in on her own - poor thing) She hates the water, but prefers it to getting left behind. just been hard to tow her boat in the wind lately.
So if you see a guy towing a beagle on an inflatible raft or inner tube - come on over and say "hi" - LOL

Tim

I also have taken notice at Makena Landing that many, if not most scuba divers, anchor their dive flag shortly after making a shore entry then pick it up on the way back. I see Instructors doing this all the time.
It is illegal but enforcement is almost non-existent by DLNR. IMHO it is dangerous to be without a dive flag at Nahuna Point (Five Caves aka Five Graves) with all the tour boats that visit there daily.

For what it's worth, the locals frown upon spearfishing with scuba gear big time. They consider it cheating. They were taught to freedive and spearfish. You won't be making any impressions if seen scuba diving/spearfishing by locals. Hopefully the worst you will get is a case of "stink eye".

hmm - from what DLNR regs seem to say the only requirement is that you surface by your flag, which would mean towing it for spearfishing, and anchoring it for scuba.

"Spearfishers and other divers must mark their position with a dive flag while diving in navigable waters, and may not surface more than 50 feet from the dive flag.
Dive flags shall be displayed only when diving is in progress, and must be removed from the water when no diving is in progress."

Thanks for the heads up Gilligan, so far I've only been spearfishing while freediving, just been really hungry for some Uhu lately. Especially after seeing a nice 10-12lb one the other day out snorkeling (of course I didn't have my spear with me).

Thanks guys - Tim

kidspot:

"Spearfishers and other divers must mark their position with a dive flag while diving in navigable waters - Tim

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I think the part about "marking your position" translates to having the flag with you while shore diving. Anchoring it near the entry point then picking it up when you finish is not "marking your position". DLNR has cited people for it at Makena Landing. DLNR has a wave runner and every once in awhile uses it to check.

I worked part time at a local dive shop a few years back and two DLNR Enforcement Officers came in to inform me they had confronted divers (tourists) without a flag that had rented gear from the shop. They went on to say that the divers stated they were not told they needed a flag. I showed them the rental agreement that stated in bold print a dive flag was the law. They said that was all they needed to clear the shop of responsibility.
Bottom line is they have the power to cite you and if they want, can impound all your gear. After that visit we prepared a handout for all customers that also included warnings about harassing Turtles, Monk Seals, Dolphins and Gray Whales which are all protected by state and/or Federal laws.
The ones who usually get the citations are the local Instructors and Divemasters, not the tourists.

Thanks Gilligan - I guess the way it's written it would appear that you could take it either way - but your experience makes it clear that it has to be with you at all times. Guess I can't claim ignorance any more


Tim

Gilligan:

The ones who usually get the citations are the local Instructors and Divemasters, not the tourists.

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I received a formal warning from a Glock totin officer for not having a dive flag while diving at Makena Landing. Told me the next time he would give me the $50.00 ticket. Saw the same dude a couple months later at Ahihi Bay. He was checking out a vessel motoring in the bay. Heh, he called it in and was informed it was a research boat with the correct permits. And yes, I had a dive flag with me at that time, even though boats are restricted from the reserve.

I think the DLNR are pretty good about resonable enforcement. Post a dive flag IF:

You are a commercial operator.
You are diving where many boats are operating.
You are taking game.
etc.

But like any LEO organization, there are times where the department is tasked to do stricter enforcement, i.e. zero tolerance.....

Just like speed limits, use your best judgement. I can't believe everyone always obeys the speed limit. But hey, I got pulled for 18 in a 15 zone. Driving up to the entrance of a US AFB is one of those places where you want to follow the law to the T!

I've paced Gilligan exceeding the 30 mph limit in Wailea on his way to Makena Landing. Shhhhh!