Boating around divers - Harbor Patrol's Role?

[Lopez116]

Had a chance to go out on a boat to Catalina yesterday. Conditions were great and I had a great time, but I was a little troubled by the fact that numerous boats were completely ignoring the fact that divers were in the water. On 2 of the 3 dives, we would anchor at a well known dive site, fly the divers in the water flag, and after we were in and diving, hear (and see) a boat overhead. This sometimes happened in shallow water as well.

When the dive was over and we surfaced, we observed our captain chewing out the boater for their complete indifference to divers being in the water. These were private boats that may not have know what a dive flag was, but once the situation became apparent, IMO they should've moved.

What's more troubling is that on one of the occasions, we were anchored at a site near an area that is not an MPA. We were first there and no other boats were in the area. About halfway through our dive, a boat arrived, anchored, and began fishing - casting their lines right over where the best diving was and where we were. I know, it was not an MPA and they had a right to fish there, but they were anchored maybe 25-30 yards from our dive boat. They were so close that you could easily talk to them without raising your voice.

When we surfaced and boarded, Harbor Patrol was there and speaking to our captain. Our captain explained the situation and complained, but Harbor Patrol's reaction was "everyone just needs to get a long."

Not that it's entirely relevant to the story, but the boat that was fishing was a private boat with a guy and 2 or 3 women on it. It was apparent by the way they were fishing, they were not experienced and just messing around.

In this time of entitlement, I am not surprised that neither boat have a second thought to anyone but themselves, but given the fact that this conduct posed a life-safety issue, shouldn't Harbor Patrol error on the side of moving the fishing boat out of the area???

I appreciate a captain that will stand up for and protect his divers, but if Harbor Patrol isn't going to back him, what's to stop these people from continuing to act the same way again?

 

[Divebum Don]

http://www.dive-flag.com/California.html
For Boaters in California

As far as we know, California state law still is not specific about how far away boaters need to be from a dive flag. As stated above, Title 14, Section 7008, only states that operators of vessels will "exercise precaution."
However, California Boating Regulations are very specific that you must remain under five miles per hour within 100 feet of "any person who is engaged in the act of bathing" and 200 feet from a "swimming float, diving platform, or lifeline."

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So many states don't require any compulsory Boaters 101 courses. Anybody at any boat show can buy a drag boat Sunday, and be on the water the next weekend without a clue what they are doing, Scary, Scary! Harbor Patrol is very busy during Summer at the Island, and writing citations is not what they're about. Marine law yea, regulations, sure, but water safety is #1. They do their best. There is some grey area...
Experience, knowledge, and marine etiquette is lacking with boaters. Read "The Log" any week to see how many idiots put themselves, family and friends in mortal danger while out for a good time. Be Safe Out There! DJR

 

[fisheater]

Heck, I've been in the Catalina dive park when clueless powerboaters came right into the dive park, over the clearly marked barrier.

When we yelled at them to cut their engine because there were divers all around them and that they had entered a highly-restricted area, they were simply annoyed by us marring their grand adventure.

 

[MaxBottomtime]

It's not just private boaters who are clueless. I was diving with Ross Overstreet at Seafan Grotto while his wife Beth was onboard my boat. We heard a boat moving slowly overhead, which is scary enough without being close to the rocks. We surfaced to hear Beth screaming at the Captain of a local dive boat. He was less than twenty feet from my boat while we were surfacing. His explanation was that we were in the best anchorage. If we had surfaced a minute earlier he would have hit us.
My favorite encounter was at Ship Rock. It was one of those great days with 80 feet plus vis and no current. I heard a boat overhead and looked up just in time to see an anchor descending through my bubbles. I had to swim hard to avoid being hit. They had to see my bubbles right where they dropped their hook. I "accidentally" jammed their anchor as far as I could into a crack and continued my dive. I later thought I should have offered to retrieve their ground tackle for a small fee.

 

[ajtoady]

I "accidentally" jammed their anchor as far as I could into a crack and continued my dive. I later thought I should have offered to retrieve their ground tackle for a small fee.[/QUOTE]
I like your "STYLE" !!!!

 

[Sam Miller III]

It is a matter of boater education..

What are you and others going to do to educate the boaters?


You are a young attorney and have the time interest and the energy to create an organization

Ask for funding from the charter boats, the harbor clean up or the chamber day??

Create a "PADI" type boating organization? ( I certainly hope NOT!)

Post flyers at marinas and boat ramps?

Attend boating/sportsmans shows with a booth to educate the boaters on the diver's flags?

Attend the divers conferences to educate the diving public on the divers flag? (Did YOU attend the SCUBA Show?)

You might want to go to your law library and research Toso vs Burns. This was the first litigation of a diver flying the then new divers flag who was struck and injured by a power boat. This trial established the rights and privileges of a diver in the water displaying the flag.


Then give us your legal opinion of the case and the judges ruling


SDM

 

[drbill]

I didn't realize it was the divers' responsibility to educate boaters.

Weekend warriors can be a PITA since they may have the money to own a boat but not the brains to operate it safely.

I hope the harbor patrolman involved wasn't from Avalon.

I've always thought it was a law that other boaters had to stay 300 ft away, but apparently not. I've had a local dive boat drop anchor very close to where I was diving from another dive boat. Had a private boater drop anchor near me on a reef and the anchor caused significant damage to the reef, breaking off chunks of the rock.

 

[Divebum Don]

Hmmm, maybe a motion activated LRAD on the dive boat ;~)

The GLACD tried for a while to get the word out to boaters through placards at the dock gates, and ramps, as well as at the dive shows, Etc., but it needs to be consistent. Up in Oregon for now, glad to see we indeed require a Boaters 101 class/online course for operators(but how good is it??). Be Safe Out There!

 

[Sam Miller III]

I didn't realize it was the divers' responsibility to educate boaters.
.............

It is not the divers responsibility !

But long before you became a "diver" or graced California with your presence there was a very active diver organization called the "Council of divers" which was changed to the Greater Los Angles Council of Divers (GLACD) in 1960. The members recognized that divers and boaters were on a collision course so the divers actively promoted the then new dive flag for their in water protection via:


* Posting flyers at marinas and boat ramps

* Attending boating/sportsmans shows with a booth to educate the boaters on the diver's flags?

* Attend the divers gatherings to educate the diving public on the divers flag

This of course was long before the age of entitlement and " let some one else or the government do it..."

Now with the demise of an active GLACD, huge increase in barely trained divers and an equally huge increase boaters with no training the divers and boaters with absolutely no training or knowledge of divers and their flags they are once again on a collision course.

It is certainly apparent that it would be wise and prudent to create an educational process for boaters as well as divers to educate them on the divers flag before some one gets run over by a boat with a churning propeller which happened to three of my friends a long time ago, and it can happen again.

One accident happened in your play ground of Catalina so it can happen to you..So what are you or will you do to promote the divers flag?
SDM

 

[MaxBottomtime]

All boaters should take the Coast Guard Auxiliary boating safety and seamanship course. I try to get out every weekend and am always amazed and sometimes amused at what boaters will do. Channels inside harbors are clearly marked by buoys, yet I see yahties as well as guys in inflatables driving on the wrong side of the road. During "boating season" (yes, there are some who only go out between Memorial Day and Labor Day) I hear the USCG admonish captains every few minutes for asking for radio checks on Channel 16 or even carrying on conversations on 16. Some don't even have a clue what a no-wake zone is. It's always fun to grab onto a rail for dear life while tied up in a slip.
Even the most careful boater needs to watch out for others on the water. Kayakers and standup paddle boarders seem to feel invincible when they cross in front of an oncoming boat.