need flag or not?

[Sjr]

1. hey, i have spearfished occassionally for years on kauai, currently vacationing on maui. was told offhandedly that i need a flag buoy to do so legally. i have never used one before and never had trouble ftom anyone. i fish for small fish near the surface rarely diving deep or for long intervals. in essense i dont do anything very different from a snorkeler, and i dont see anyone making them drag around flags. also from what ive read, flag seems to be relevant for safety when diving in "navigable waters", and to call shallow reef areas and rocky outcrops "navigable" seems ambiguouus at best. the law just references "spearfishers and other divers", but what if you are spearfisjing but arent diving? law also says flag should be put awat when diving is not in progress--so then is it aactually a violation to tow a buoy if im staying on the surface primarily?? the law doesnt really define "diving", unless i missed something...
   
   can anyone shed any light on this or is hawaii law simply fuzzy on this area and leaves you vulnerable to citations depending on how some random official feels towards you or chooses to interpret your activities?
   
   would love some clarity! would hate to upset anyone or get fined needlessly, but dont care to drag a float around all the time and dont consider it worth it purely for safety reasons (if anything, less safe because i have gotten tied to a rock by accident using a float line once and almost got into trouble).
   
   māhalo nui!

 

[DiveMaven]

DLNR is clear that a dive flag is required.

 

[Rocknrone]

We were stopped on the big island by a DLNR officer. We were geared up and ready to dive peeble beach. We had just locked the car when they rolled up. First thing they asked was if we had a dive flag. They told us if a person dives below the surface of the water they need to have a dive flag. Even if the area, like the one we were diving didn't have boat traffic. I thought our dive was done, then my wife pulled out her 36" red safety sausage and they said it would work.
They were patrolling all the beaches checking people because a guy free diving for lobster blacked out and drowned a few days before and they couldnt find the body because he didn't have a dive flag tethered to him self.
Hope that helps

 

[scuberd]

As a boat captain, snorkelers are almost impossible to see in the best of conditions. Here on Oahu there are lots of 'inexperienced' boat operators who are usually drinking, talking story, or just not paying attention. They are the guys who will take their boats into shallow and dangerous areas, and they are also the guys more likely to not be paying attention to a small black dot on the surface. Regardless of the law, I'd recommend a flag. Getting run over by a boat is a much bigger pain in the butt than dragging around a stupid float.