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Old August 13th, 2008, 02:24 PM   #1
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Rules for Diver down flag and fishing boats?

Hi, I'm just wondering about the rules of the water ...when it comes to diver down flag and a general small fishing boat? Like if the fishing boat was there first? Is there a distance the boat must stay away from the diver boat?? how do you approach this type of situtation? thanks
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Old August 13th, 2008, 02:37 PM   #2
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Maybe the laws are different somewhat by state, but if the fishing boat is there first (anchored), don't see how you can push him off the site by just raising a dive flag.

I mean you wouldn't like it if a fishing boat motored into your dive site and started trolling around.

First come, first serve. (common sense, not a law...)


Dive Laws and distances of seperation are set independtly by each state.

see Dive Flag Law or search your local state boating laws.


If a fishing boat is trolling up and down a wreck, and you come in and anchor and raise a flag, which essentially tells him to get off the wreck, I imagine you'll have a little controversial issue. I'm not sure exactly how the law reads to this, but is it really worth the safety of your diving group (to have him motoring overhead) to try to prove that he had to get off the wreck when he as there first?
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Old August 13th, 2008, 03:27 PM   #3
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Boater setback and required diver proximity to his or her float vary between jursidictions, usually states in th U.S.

As mentioned it's first come first served. One catch is if you are puling a flag along the botom and happen to comeinto range of an anchored boat. Then all must use caution but you may be unaware that you have come under a hazzard. Always beware on the way up. If I'm pulling a flag and need to visit the surface I will drop my line keeper (which I have designed to be slightly negatively buoyant) , follow the line (positive polypro braid, yellow) and surface at the flag. Watch you legs or your can get wound up in your own downline.

All of this is a bit of folly however. Just last week I was returning to the beach and as I emerged and walked out of a pond 2, yes 2 different boaters asked what the flag was about and were intrigued that it meant a diver was below. Reports abound of divers flags being used as slalom buoys.

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Last edited by spectrum; August 13th, 2008 at 05:02 PM..
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Old August 13th, 2008, 04:11 PM   #4
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The divers down flag (Red w/ white stripe) has no standing in either the inland or international rules, it is up to each state to make laws or rules regarding its use. They may vary widely.

Under inland or international rules, the shapes Ball over diamond over ball (red - white - red lights at night) or a replica of the alpha flag conveys the meaning, "I am engaged in underwater operations and am restricted in the ability to maneuvre." Displaying these shapes, lights or flag gives the vessel navigation privledges over almost every other vessel. However, one vessel may not approach another who is navigating lawfully and then claim privledges so as to force her to change course. The principle, "First come - first served," does, indeed, apply.
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Old August 13th, 2008, 04:31 PM   #5
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I have run into boaters that do now know what the dive flag or alpha flag mean. Are these taught when someone takes a boat handling course?
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Old August 13th, 2008, 04:35 PM   #6
 
 
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I have run into boaters that do now know what the dive flag or alpha flag mean. Are these taught when someone takes a boat handling course?
Probably. But in most states you aren't required to take a boat handling course before buying, renting, or operating a boat.

Some boat ramps have signs with a picture of a dive flag and an explanation as to what it is. IMO that's a great idea.
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Old August 13th, 2008, 05:19 PM   #7
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Probably. But in most states you aren't required to take a boat handling course before buying, renting, or operating a boat.

Some boat ramps have signs with a picture of a dive flag and an explanation as to what it is. IMO that's a great idea.
Anyone know if these are commercially available? If it's reasonable I would look into underwriting it's cost at a location I frequent.

In the case of Maine dive flags are not required. Some local associations request the use and in some cases it's downright prudent. In other cases such as around lobster traps with buoy lines it becomes a hazzard in itself. In this case I carry a DSMB that I can shoot to the surface in questionable circumstances. A word search of the current Maine boating laws makes no mention of the diver down flag so we're on our own.

As an example this is the NH requirement:
NEW HAMPSHIRE - Diver Down Flag. No size specified. Divers must Stay within 75’ of flag. Other boaters must keep 150’ distance. Bottom of flag 3’ above water minimum.

Check your state here.

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Old August 13th, 2008, 05:26 PM   #8
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First, the other guy was there first and you have no right to push him off.

Second, a diver flag does not really require them to stay clear but to instead operate prudently and in a safe and concientious manner in the vicinity of divers. If he is anchored, he does not have to move and he can pull anchor and move or motor to another spot even after you have set anchor and raised your dive flag. He might also salute you with a middle finger wave. Worse if he shoots at you.

All of these "rules" read differently depending on the state. It is somewhat confusing. If someone is already on the spot, fishing or diving, you should hail them on the VHF and ask them permission to get close and if they say no, stay away, well, you have a decsion to make, go to another spot or cause a fuss. Other divers will often tell you they have no divers in or tell you to wait a few minutes and then welcome you in when their divers are up. But fisherman are often less obliging, especially if they are catching fish.

I have had fisherman and other divers hail me as they see me approaching with dive gear hanging all over and tell me to remain clear and that they will be off the site in X time frame. What do you do, I usually feel being nice is always the best approach.

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Old August 13th, 2008, 05:36 PM   #9
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Anyone know if these are commercially available? If it's reasonable I would look into underwriting it's cost at a location I frequent.
I've got a pic of a sign like that at a ramp from somewhere.... let me look for it. it might help you.
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Old September 2nd, 2008, 02:34 PM   #10
 
 
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I've got a pic of a sign like that at a ramp from somewhere.... let me look for it. it might help you.
Here's a photo of the sign at the public docks at Wolfboro, NH on Lake Winnipesaukee

Judging from the URL at the bottom of the sign, I suspect that it was placed there by United Divers of New Hampshire

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