"surface spearfishing" in hawaii--float and flag required?

[Sjr]

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 referencing the state law, flag is required when diving in "navigable waters", and to call shallow reef areas and rocky outcrops "navigable" seems ambiguouus at best.

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) for all the reasons already mentioned.

mahalo nui!

 

[StoveTop]

I would like to figure this out as well. I went spearfishing on my first visit to maui with nothing but a pole spear and snorkel. Heading back for a week in may.
I feel comfortable going without a flag. My wife might like if she could more easily see where I am from the shore.
I also wonder how necessary it is have a buddy for this kind of snorkeling/diving. Does anyone have any scary experiences to help me see the need?

 

[StoveTop]

Also, I was hassled by a local when he saw that i was spearfishing. He was just rapidly quizzing me about Hawaiian names for various fish. I think that there is a lot of angst towards tourists spearfishing. Many people are exited by the opportunity but uneducated about how to fish respectfully. I know that I did not go into my first spearfishing experience with the education that I should have had.
I am trying to educate myself beyond what I feel that I will need for spearfishing. I want to be able to reassure people that I respect the reef as their home and respect the life within. I think this will dissolve most situations where someone is trying to discourage you from spearfishing.

 

[Hank49]

I've free dive speared off a boat on Oahu maybe....8 times? Only used a floater when going for ono. Rest of the time just used a reel.