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Author Topic:   Diver Down: Regulations and Etiquette
jimh posted 05-23-2007 09:55 AM ET (US)   Profile for jimh   Send Email to jimh  
Last summer we were making a circumnavigation of South Manitou Island by boat. The island is a National Park located in Lake Michigan about 15 miles offshore. On the south shore of South Manitou Island there is the shipwreck of the Liberian freighter FRANSISCO MORAZAN, which grounded in November of 1960 and lies in about 15-feet of water with most of the superstructure still intact and above water. The ship is approximately 350 feet long.

On the particular day we came by the wreck there was another boat anchored near it, perhaps only 100 feet away from the stern of the wreck, and it appeared to be engaged in dive activities. I do not recall what visual display the other vessel was making, but I believe it was showing some flags. As we approached the wreck but were still about 1,000 feet away, the occupants of the other vessel sounded a horn and began to wave their arms over their head in a gesture to signal us to their presence. It was clear to me that the gesture was intended to warn us of their dive activity and to urge us to keep clear of the area.

We stopped our approach to the wreck and idled in the waves for a few minutes to observe from a distance. I did not see any mooring buoys near the wreck, so I assume the other vessel was at anchor. We did see some divers in the water around the other vessel, but we did not see that any of the divers were towing a dive flag to show their underwater location.

The sea state was near calm that day, and we had been hoping to be able to get closer to the wreck by boat to observe it. However, based on the many signals and gestures being made toward us by the other boat, it was clear that their intention was to warn us off, and that we should approach no closer.

According to the Inland Navigation Rules, RULE 27 (paragraph D), vessels engaged in underwater operations and restricted in their ability to maneuver must display certain day shapes or alternatively a rigid replica of the signal flag ALPHA. (See page 97 of rules). Let's assume for the sake of this discussion that the vessel near the wreck was in compliance with this rule.

According to RULE 18 (Responsibility between vessels in sight of one another) we were an "underway" vessel and should keep out of the way of "a vessel restricted in her ability to maneuver."

Given the calm sea state, the fair weather, the unlimited visibility, and the slow speed of our operation, what distance should we maintain between our vessel and the diving vessel?

Is there a hierarchy of regulations that apply? For example, is it possible that there are special regulations of the state of Michigan which would supersede the Inland Navigation Rules? Could the National Park Service have special rules as well?

What is the generally accepted etiquette at a known dive site? Does the first vessel to arrive usually assert an exclusive claim to the site and later arrivals are to stay away? I would like to hear from experienced divers who are also boat operators on this topic.


Cf.:
Inland Navigation Rules
http://www.uscg.mil/vtm/navrules/navrules.pdf

Royboy posted 05-23-2007 10:41 AM ET (US)     Profile for Royboy  Send Email to Royboy     
In Michigan waters, divers displaying a "Diver Down" flag, the red one with the diagonal white stripe(either attached to a vessel or towed by a diver) have a 200 foot diamemter saftety zone that other watercraft must stay out of. Oddly enough, dive operations diplaying the international "Alpha" flag ony enjoy a 100 foot zone. Regardless, as soon as either flag is recognized, a powered vessel should clear the area, and certainly approach no closer. See http://www.michigan.gov/dnr/0,1607,7-153-10365_10884-22790--,00.html

I had someone on a jet ski come driving right up to my buddy and me after a dive to tell us we shouldn't be diving in Cass Lake, that it was too dangerous with all the boat traffic (this was at 9:00 a.m. and we were on the surface after a dive). After telling him to get away form us, we got to see him spend some quality time with the Oakland County Sheriff Marine Division, who cited him for failure to obey the dive flag. It was somewhat satisfying.

Roy

hauptjm posted 05-23-2007 11:17 AM ET (US)     Profile for hauptjm    
My understanding is that even with the Diver Down down flag, the diver has to stay within 100' of the flag, at surface. And this is with the 200' protection the DD flag offers. Either way, Jim would have been both navigationally correct and possessing common sense to have safely approached the opposite end of the vessel(350ft. away) and anchor or maintain position for diving or observation.

Question: was this a commercial or recreational dive? By commercial, I mean was it a dive guide with clients, or someone simply diving on their own? If it was the former, maybe they were just trying to "stake-a-claim" on the area for several high paying clients.

Chuck Tribolet posted 05-23-2007 12:49 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
Regulations vary wildly from state to state. In California,
the dive flag is not required, and there is no specific
distance to maintain other than being cautious. Towing a
dive flag through the kelp wouldn't work anyway. Here's a
page I put together about it:

http://www.garlic.com/~triblet/ba_diving/diveflag.html

In being cautions, please remember that the divers are likely
to have descended the anchor line, so better to pass astern
than ahead of an anchored dive boat.

The red/white dive flag is recognized world wide. About ten
years ago I went through SkinDiver magazine counting dive
flags on non-US vessels. More were flying the red/white
than the alpha flag. Most that were flying the alpha flag
were ALSO flying the red/white. It's time for the ColRegs
to accept the red/white.


Chuck

element posted 05-23-2007 01:25 PM ET (US)     Profile for element    
In Utah diver down flags are required by those either freediving or scuba diving. I'm a freediver and I always have a float near me with a diver down flag mounted on top.

Here is a picture of the float...
http://i13.tinypic.com/5xf7bbn.jpg

Problem is the boaters around here don't know what that is so they come near me to inspect the orange float and flag. I sure hope someone gives them a ticket someday. The good thing is sound travels much farther underwater and I can hear them coming a mile away.

From what I read I think 1000 feet is way to generous of a space. They should have flags above where they are diving and not just on the boat.

K Albus posted 05-23-2007 01:36 PM ET (US)     Profile for K Albus  Send Email to K Albus     
Michigan has a statute governing the display of dive flags and how they should be treated by other boaters - M.C.L. 324.80155 . The rules are essentially the same as those listed on webpage cited by Roy. See: http://www.legislature.mi.gov/(S(5wdhh3n5lz2l3o55v5124rmw))/mileg. aspx?page=getObject&objectName=mcl-324-80155
K Albus posted 05-23-2007 01:49 PM ET (US)     Profile for K Albus  Send Email to K Albus     
Here's a link to the National Park Service web page concerning the Francisco Morazan: http://www.nps.gov/slbe/planyourvisit/scubadiving.htm
highanddry posted 05-23-2007 01:58 PM ET (US)     Profile for highanddry  Send Email to highanddry     
Divers operating from a vessel displaying the --known and accepted display flag for divers for decades---red with white stripe DIVERS DOWN flag are not required to tow individual diver flags as well. They are protected by the flag on the vessel. It is wise generally for the divers to remain within the safety zone--about 200 feet---when on the surface but they may venture as far as they wish underwater. I don't think running over a human at 205 feet makes it OK with GOD.

It appears to me they were acting correctly, had the correct flag displayed and were in no way harning you and therefore you should provide the courtesy of respect and give way to them.

Ignorance of the dive flag which has been in use for decades, commonly seen on all waterways and codified in law in most states is not an excuse to run people over or to encroach to closely.

Generally shore based divers will tow a flag, one per team on a surface float. When drift diving from a vessel each team will generally carry a flag and float as well. Some states have different rules as to required distance other boats must yield to the DIVERS DOWN flag. Furthermore, Florida for example requires a 24 inch flag rather than the more common 18 inch divers flag--when diving from a boat to be displayed visibly from that boat while diving operations are underway.

You can be fined by the authorities and even sued (as if there is not enough of that already) if you enter the protected area under power and kill or injure a diver.

Just as fisherman follow certain practices to give way to a vessal already on station fishing or hooked up, the same should be given diving operations. The manners go both ways of course, it is always best to be nice, everyone has more fun that way.

I would think most boating books, mine certainly do, show the two divers flags, the red and white divers down flag and the international blue and white alpha flag. They are in most state and CG Auxilary publications and are in law in most states as well.

I would neve approach a dive operation or flag within several hundred feet or water skiers etc either because I don't want to haem anyone and wind up in jail and in a thread on the THT about the "Idiot than ran over a Diver, Child,skier, wife, boyfriend.

If you note a certain tension in my post it is because we have been run over by boats apparently deliberatly and with malice, jet skies and various other manner of powered craft, had the flag stolen, once was towed by a jetski who was "salvaging" my dive float etc. Attempting to "hook" a dive is attempted murder and could result in very bad things. Usually when I make it to the surface after such an incident, neither me nor my buddies are in a good mood, the VHF/cell gets used to call the CG or Sherrif Patrol. Last year, after such an incident, a boat load of drunks got hauled off. Afterwards we continued and the authorities hid around an island and waited and issued several more citations. Ignorance is not an excuse to endanger a human life and we don't need "boat rage" incidents either. People need to behave and learn to respect others pursuits as equally legitimate as their own.

H&D

K Albus posted 05-23-2007 02:02 PM ET (US)     Profile for K Albus  Send Email to K Albus     
One final link, this one with the story of the Francisco Morazan's grounding: http://www.nps.gov/slbe/historyculture/shipwreckmorazan.htm
Buckda posted 05-23-2007 02:07 PM ET (US)     Profile for Buckda  Send Email to Buckda     
I was at the described location during this particular encounter.

The boat did indeed have a "diver down" flag displayed, and another one - the "diver down" flag is what I recognized.

While I was certainly happy enough to be very cautious around this boat, I was also a bit disappointed in that we were unable to inspect the wreck much closer due to the frantic gestures of the occupants of the boat. (I believe this was a private vessel).

The 200 feet rule seems appropriate, however, it would only allow a maximum of 4 boats to be anchored off this shipwreck at any one time to explore.

What do you divers do when a dive site gets a little crowded?

Buckda posted 05-23-2007 02:11 PM ET (US)     Profile for Buckda  Send Email to Buckda     
I should add that we were at least 200 feet from this vessel at all times. The frantic gestures began at about 1,000 feet out and we were approaching cautious and slow. They could not have known that we weren't there to dive the wreck as well.

Dave

tombro posted 05-23-2007 02:15 PM ET (US)     Profile for tombro  Send Email to tombro     
Those frantic gestures of dive boats over ocean wrecks often elicits equally frantic gestures from approching fishing vessels, with oftentimes a fracus ensuing. Usually between commercial dive and chartered fishing boats. I will just fish another wreck; it's a big ocean out there.
K Albus posted 05-23-2007 02:19 PM ET (US)     Profile for K Albus  Send Email to K Albus     
When diving from a boat, in waters where state and federal authorities have concurrent jurisdiction, such as the Great Lakes where this incident occurred, the boat is also required to display the Alpha flag. See 33 U.S.C. Sec. 2027. http://www.law.cornell.edu/uscode/html/uscode33/ usc_sec_33_00002027----000-.html
K Albus posted 05-23-2007 02:26 PM ET (US)     Profile for K Albus  Send Email to K Albus     
As a scuba diver, I have rarely seen a vessel displaying the Alpha flag. I have dived in many of the underwater preserves in Michigan, and I do not ever recall seeing a vessel display the Alpha flag. I have never displayed the Alpha flag myself, and I have never been questioned, warned, or cited by a law enforcement officer for failing to display the Alpha flag.

Dave, with regard to crowded dive sites, I generally wait at a safe distance until the divers surface and take down their flag. Sometimes you have to wait up to an hour, but if you really want make the dive, it's just what you have to do.

With regard to your experience at the Francisco Morazan, it sounds like the people on the other boat were a little overzealous.

highanddry posted 05-23-2007 02:49 PM ET (US)     Profile for highanddry  Send Email to highanddry     
While arguing over the alpha flag vs the accepted and time honored and legally codified red and white divers flag, is it worth it to endanger a life?

Divers flags pertain to approaching dive vessals also, just because they are there to dive also gives them no special right over the vessal that was there first and displaying the flag. The second or third or fourth dive boat, fishing vessal, sightseeing vessal must HEED the flag and remain clear while under power--period. If that means only four boats or one boat can get on the reef/wreck/site, then they must await their turn. We always try to dive and get on with it so others can enjoy the place as well if it is a busy day.

Yep, you can be sightseeing and have a boat pull in, anchor, put up a flag and begin diving. If you were there first I would calmly mention that to the other skipper and ask him to let you know when you can safely leave the area (when and upon your choice to do so, after your done, since you were there first) but you must heed the flag once propellers are turning.

We do not wave frantically, the reason many do however even when the approaching vessal is still 1,000 feet away is because they have been run over before and figure you (the approaching vessal) has not a clue as to what they are doing and is about to run over them again. When you have children,a wife, friends in the water and a unknown vessal is motoring toward you despite the flag, I would not expect them to do anything other than wave frantically. I remian polite and courteous, I try and call them on the VHF and warn them away. How would the dive vessal know if the approaching vessal has a net, trolling lines etc that might endanger the divers? They don't, therefore the frantic waving. Once being run over several times this generally makes one gun shy.

A dive vessal has right of way and the divers and boat with flag was operating correctly per the OP. I am sorry, but in the described case, you must give way to them. It is the right thing to do and it is the LAW.

Binkie posted 05-23-2007 03:11 PM ET (US)     Profile for Binkie    
Has anyone ever been boarded by the authorities, while diving with their diver down flag displayed. I`m sure its happened. Otherwise it would be a novel way to keep them at bay when fishing. Just bring your dive equipment, and if they start to approach, suit up and ease over the side. Obviously you would have to be a certified diver. Just looking for any way to stop the hassle.

Rich

Frank O posted 05-23-2007 03:32 PM ET (US)     Profile for Frank O  Send Email to Frank O     
To be on the safe side, I display both the alfa flag (blue and white) and diver-down flag (red and white) during the day. (Under California law the alfa flag is not mentioned, and the diver-down flag seems to be viewed more as an advisory than carrying specific legal consequences.)

I'm scratching my head more about nighttime diving. The colregs give a set of red and white lights in a vertical line that is supposed to be shown by vessels with limited maneuverability such as dive boats. However, there seems to be a lot of confusion in the diver community here on whether this applies to them -- I've never seen these lights used by dive boats at night. (There is nothing in California law on this.) I've been meaning to ask the Coast Guard about it.

Re crowding, much seems to be a judgment call. If we pull up on a site where another dive boat is anchored, we'll first hail them to ask if we can share the site. A few months ago we arrived at a site where there was a boat whose divers were in the water, so we chose another pinnacle as far away as possible on the same reef where we judged we couldn't swing into them if wind/swell/current changed. Whenever in the neighborhood of another dive boat we always approaching we reduce speed greatly. I've unfortunately had the fairly frequently experience when in my boat with divers in the water that another boat will come barreling straight toward us as if on automatic pilot. A couple of times this has called for sounding our horn.

Chuck Tribolet posted 05-23-2007 07:11 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
California law does mention the alpha flag: in, IIRC, the OSHA
section related to commercial diving. The reality is, the
red/white flag is what gets displayed, almost everywhere in
the world. As I said, it's time for the ColRegs to incorporate
this.

The red/white/red lights for night diving are problematic:
try buying or even building them for a small boat. The only
boat hereabouts (Monterey) that ever had them was the Pacific
Star (now in SoCal, and they were flipping huge (100' boat)).
I've spent a fair amount of time trying to figure out how to
fabricate a CG-approved set, or even a functional set, without
much luck.

Here, it's generally accepted to be OK to approach at idle speed
with a sharp lookout. The other boat will usually point out
their divers if they are anywhere near your path.

Sharing an occupied site is a judgment call. It requires
knowledge of the site (I usually have tons of that), and
a careful assessment of where the divers are. If both boats
have the same scope out, everything is cool no matter how
the wind and current swing, given that anchors don't drag,
which is likely given that diver checked the hook.

I almost got clobbered by a dropped anchor on time, but
I was on a rebreather (almost no bubbles) and Linda (on open
circuit -- normal bubbles) was a good ways away. I stuck
the hook in hole. Turns out it was dropped by what's probably
Monterey's most experienced commercial dive boat captain.
;-)h

jimh posted 05-23-2007 08:26 PM ET (US)     Profile for jimh  Send Email to jimh     
Thanks to all for the comments. Let me reply:

I am not at all swayed by what things say on websites. I have found that even governmental agencies put things on websites which are not authoritative. It is much more authoritative to cite a regulation, a law, an ordinance, and so on.

In the case being discussed here, the location is quite a distance offshore. I do not understand which jurisdiction takes precedence. Perhaps a village on the shoreline has an ordinance about diving. Does its jurisdiction extend 15 miles offshore? The island is clearly in the State of Michigan, but the wreck area is clearly in the National Park. So whose regulations apply? A regulation carried out from the shore for 15 miles? A regulation from the state? A regulation from the federal government and Colregs?

So far I have seen a cite that the vessel with the proper flag can assert an area of 200-foot radius about, and all other vessels must keep at least this far away. This is Kalbus's cite of Michigan law Section 324.80155. I believe that this regulation would be clearly binding if the location were contained in the state of Michigan, however Lake Michigan is part of Michigan, Indiana, Illinois, and Wisconsin. This area is in the Michigan portion, but given its offshore distance and National Park location, how do I tell if Michigan has preeminent authority?

If this is the governing regulation, then we were about FIVE TIMES that distance, and the anchored boat seemed to be very concerned about our presence.

I read the web page from the park service, but I did not see any material which seemed to be try to inform me about how to navigate my vessel while on the waters of the Great Lakes and in the vicinity of the wreck. If I missed something, please inform me.

I am not trying to slice a fine point of law regarding the flag being displayed. The ALPHA signal or the DIVER DOWN flag--either one seems OK to me--but I am curious which is more proper in this situation.

Whether or not the international COLREGS ought to be changed can be left to a petition for the Coast Guard.

So far my conclusion is that in navigating my vessel in this situation I am bound by the COLREGS to keep clear of the vessel if displaying an ALPHA flag, and by the statues of the State of Michigan to keep 200-feet away from the DIVER DOWN flag. Therefore I could have properly approached the other end of the wreck as long as I was 200-feet from the flag on the other vessel.

So much for the law. What is the usual etiquette? Do divers try to assert exclusivity to a wreck by aggressively waving off approaching vessels?

tomol posted 05-23-2007 08:37 PM ET (US)     Profile for tomol  Send Email to tomol     
Great topic. Unfortunately, divers and boats (other peoples' boats) don't mix, and while flags help, they are a poor safety net.

Divers tend to wander, and they usually pop up surprised to find themselves where they are, so whatever distance the law says you should be from a boat with a flag, it isn't enough.

Also, because sound travels well underwater human hearing can't discern direction, so it's hard to tell if a boat is coming or going when you're down there.

Lastly, and a little closer to home for me, is the increasing popularity of freediving, which leaves wetsut clad, semi submerged divers on the surface for long periods of time between dives. They're difficult to see under the best circumstances even though some trail a smallf loat and flag behind them. But what most freedivers don't stop to consider, is that if a diver submerges for one minute, a boat doing 20 knots will travel almost 600 yards. If he stays down 90 seconds that distance is half a mile. There's no way any skipper saw the diver make his initial descent, and he has no idea the diver is there.

All this is to say, that with the horrific potential consequences associated with a high speed collision with a human being, skippers and divers should be FAR more cautious than any law mandates.

K Albus posted 05-23-2007 09:17 PM ET (US)     Profile for K Albus  Send Email to K Albus     
Jim, the interrelationship between federal, state, and municipal law is very complex, and, as with many fields of law, depends on the particular circumstances of the case. In the circumstances you have described, both the federal statute requiring display of the Alpha flag, and the state statute requiring display of a diver-down flag are applicable. Those statutes complement each other, rather than conflict with each other. Accordingly, they would both be applicable. It is very unlikely that a municipal ordinance would also be applicable with regard to the circumstances you have described.

Legalities aside, it is very uncommon, especially in Michigan, for recreational dive boats to display the Alpha flag. The Alpha flag requirement is also rarely enforced. However, as a boater approaching a vessel engaged in diving operations, by complying with the rules applicable to the diver-down flag, you will also likely be in compliance with any rules applicable to the Alpha flag.

With regard to diving etiquette, the usual and polite practice is for the vessel on the dive site to complete its dives and move away from the dive site as quickly as possible if other boats are waiting to dive the site. Although some dive boats will occasionally approach a dive site where another dive boat is moored for diving purposes, technically they should not do so. If it is done, however, the second boat should approach very slowly, looking for bubbles from the divers below. In the event that you are within the 200 foot limit and you strike a diver, you will likely be found liable in a civil suit since you violated the statute. You will also likely face criminal penalties.

In your case, it appears that the divers near the wreck were a little overzealous about what they believed the legal safety zone to be. Of course, it is quite possible that their divers were not within the required 100 foot distance from their flag. In light of the shallow water around that wreck, you would be taking a significant risk by closely approaching the wreck. Your best bet would be to wait until the divers were out of the water and had brought in their flag.

Chuck Tribolet posted 05-23-2007 11:37 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
Once again, the legal rules vary wildly from state to state.

At all times, do what makes sense: low, even idle, speed
with 100 yards of a dive flag (red/white/red or alpha) or
their anchor. Keep a sharp lookout for bubbles or divers on
the surface.

All things being equal, pass astern rather than forward.

Don't be influenced by what you see other boats do. You may
be approaching my boat, and see another boat approach
quickly. You may have missed me giving a good buddy a quick
signal that Linda's 20' in front of the boat at 2' taking
jellyfish pictures.

Actually the scariest thing is sailboats. They don't make
any noise. There was one time the local yacht club laid
out their afternoon race course right through where we
were anchored. We were there before they laid out their
course (saw them towing their marker buoys out before we
rolled int).


Chuck

jimh posted 05-23-2007 11:44 PM ET (US)     Profile for jimh  Send Email to jimh     
Another recollection from the event I've been telling: though we were monitoring Channel 16 on the radio, I do not believe the anchored vessel made any radio transmission to alert us. Do dive boats use their radio to alert approaching boats?
highanddry posted 05-24-2007 04:09 AM ET (US)     Profile for highanddry  Send Email to highanddry     
You know, this is all about arguing over regulations. [jimh] likes to argue the fine points. I am surprised such an accomplised boater does not know the meaning of the various flags nor has encountered them or such a situation before and is trying to rationalize and justify running in on a vessal with divers in the water. Law aside, the practice is to give way to the diver down flag and not doing so could result in a bad day. I am looking at a map of the Great Lakes right now and I certainly see state boundries drawn in the lakes indicating ownership.

Yes, private or commercial diving vessels engaged in diving often will stake a claim to the area around their boat and unfortuanetly I have seen some bad things happen. I think running over a diver would be manslaughter. You go ahead and argue the proper flags in court and hope the jury will be kind.

K Albus posted 05-24-2007 08:55 AM ET (US)     Profile for K Albus  Send Email to K Albus     
Another point to keep in mind is that a lot of times divers will not actually be within the required 100 feet of the dive flag. In many circumstances, the dive flag will be attached to the boat, and the divers will descend and ascend along the boat's anchor line. While underwater, however, the divers might move several hundred feet away from the anchor line and the boat. In situations where the dive site is 50, 70, or 100 feet down, this is not a big deal. However, at shallow dive sites like the Francisco Morazan, such a practice considerably increases the chances for an accident.
jimh posted 05-24-2007 09:50 AM ET (US)     Profile for jimh  Send Email to jimh     
From my point of view, there are the regulations, and then there are what some people think are the regulations. I am more interested in the regulations as a guide to how to navigate my vessel, however I am also curious about what some people think are the regulations.

In the case we are discussing here, no one was "running in on a vessal [sic] with divers in the water." The exact opposite happened: we got no closer than about 1,000-feet and we were at idle speed. Under either the COLREGS or the statutes of the State of Michigan, we properly navigated our vessel.

As for there being some absolute clarity about whose jurisdiction we were in, I am sorry to inform readers that there is nothing clear about it. Even though we were in the waters of the State of Michigan, which is part of the United States of America, it turns out that with regard to some boating activities such as fishing, we were also under the jurisdiction of a band of Indian tribes. Fifteen miles offshore is not the same as being on an inland lake.

As for web sites as a source of authority, I again express my wariness. The National Park Service is a fine organization, but they can't seem to spell the name of this wrecked vessel with consistency. Things like this cause some doubt to creep into my trust of their web site as authoritative on rules for vessel navigation.

In researching this topic I found an interesting discussion on another website, one focused on diving in Wisconsin. It asserts:

"On the Great Lakes and other federal waters, your dive boat while engaged in diving is required by federal Inland Navigation Rule 27 to identify itself and its activity. At night, this is done by displaying three, 360* lights in a vertical line where they can best be seen. These lights are red, white and red. For daylight operations a rigid color code flag "A" is flown.

"The alpha flag is a navigational signal indicating the vessel's restricted maneuverability and does not pertain to the diver. The flag is a white and blue, swallow-tail flag at least one meter high and visible from any angle."

Cf.: http://www.hooferscuba.org/modules/wfsection/article.php?articleid=8

So there is a diver's organization which seems to recognize that there are multiple requirements for display of proper signals when diving.

I don't quite understand how certain evil intentions have been projected onto me by making this inquiry. It is simply a discussion about boating practices, both those required by regulation and those expected out of courtesy. We are glad to learn of both.

Tom W Clark posted 05-24-2007 10:01 AM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Jim,

I do not know exactly what the rules are in Washington State but I have always observed a 100 yard clearance around any boat or float displaying a diver down flag.

Your vision must be excellent to see what the diver tenders were doing from 1000 feet!

K Albus posted 05-24-2007 10:13 AM ET (US)     Profile for K Albus  Send Email to K Albus     
Jim, your questions have been answered above. The applicable statutes required you stay at least 200 feet away from the dive flag. There is no standard, custom, or practice which enlarges the 200 foot requirement. The people you encountered were apparently mistaken in their understanding of the rules.

With regard to the Alpha flag, the applicable statute clearly requires it to be displayed by a vessel engaged in diving operations. However, as many people have posted above, this requirement is rarely complied with and rarely enforced. For practical purposes, if you see a dive flag, it really shouldn't matter whether the vessel used by the divers is displaying an Alpha flag or not. In either case, you should stay at least 200 feet away from the dive flag.

As far as whose jurisdiction you were in, the answer is clear. You were in Michigan waters. The Michigan statute concerning dive flags was applicable. The federal statute concerning the Alpha flag was also applicable. It is very unlikely that any tribal law provision conflicting with those statutes would be enforceable.

As several posts above indicate, you should always navigate carefully anytime you are near a dive flag. Divers often stray more than 100 feet from the dive flag.

pglein posted 05-24-2007 01:46 PM ET (US)     Profile for pglein  Send Email to pglein     
I'm not sure that the rules really vary much from state to state. States may impose more specific rules if they want, but I would think the COLREGS is probably the most restrictive law of the land with regard to that. When I see either diver flag, I avoid by a wide margin (probably 100 yards at least), or, if they are in an area I need to get to, I approach with extreme caution at dead-slow speed and watch for bubbles. A couple times along Ruston Park in Tacoma, I've been surprised by suddenly seing bubbles in front of or around me. Divers often enter the water from the beach, carrying no flag and leaving no evidence of their existence other than some bubbles on the surface. But I suppose they figure it's safe since they probably stay at the bottom. Still, it's unnerving for me.
Diver Dan posted 05-24-2007 02:30 PM ET (US)     Profile for Diver Dan  Send Email to Diver Dan     
Having been in the dive charter business for 30 years on Lake Michigan (southern waters including Indiana and Illinois waters), I can attest to a number of instances when flying both the Alpha Flaq and traditional Divers Down flag had little effect on an approaching boat. The offending vessel was rarely one involved in either commerical or pleasure diving, but more than not, some hot rodder with apparent little if any knowledge and or respect for the rules. If the dive site is a large wreck, it is not uncommon to have more than one dive vessel on the location. It it is a small wreck, we would contact the diving vessel by radio, or wait until a diver surfaced before approaching closer than 200 feet keeping a careful watch for telltale bubbles. Unfortunately, quite often inexperiience divers, or divers with limited navigation skills would either "miss" the wreck or drift away from it (sometimes a hundred yards) attempting to relocate the wreck. Caution is the operative word. I have allowed other dive boats (commercial and/or pleasure) to anchor astern or just aft of midships, directing and informing them of the location of the divers in the water. They are directed to lower their anchor not throw it into the water. By achoring aft of midships, tangles upon my leaving the site or their early departure are avoided along with a possible change in position due to a wind shift. We also use a 150' drift line astern to assist returning divers to reach the dive boat (even though they should be surfacing upcurrent or at the anchor line)in the event they service aft of the vessel. Although laws differ from state to state, a commonsense approach of caution and a 200' buffer zone should be more than adequate to keep divers safe, and contact via vhf or hailer to request permission to approach and/or anchor at the dive site. I didn't recall if the boat in question was using a drift line-my guess not. We also try not to anchor in the wreck to prevent damage, but downwind of the wreck within 50' of the wreck in the sand bottom. Makes raising the anchor and departing a lot easier. Any appoach other than at idle, in my view, is asking for trouble.
highanddry posted 05-24-2007 03:41 PM ET (US)     Profile for highanddry  Send Email to highanddry     
Well, let's make it simple then for you. If you see a red and white divers down flag you are expected to remain clear at least 200 feet and you are expected to proceed even beyond that distance with due caution. The authorities are going to agree with the above statement and you can argue colregs until your blue in the face.

You can further expect the majority of both private and commercial vessals engaged in diving acitivities to become quickly wary of approaching vessals and if that vessal becomes to close you can expected a reaction from the skipper of that vessal which in my case is a call on the cell phone or VHF to which ever authority is in control of the area.

You were in the State of Michigan waters, geeez. No soup for you.


In areas we have been where the water way is restricted such as small clear rivers in Florida, the common practice is to continue navigation but to remain clear of the divers and use due caution. Such streams are often hardly 200 feet wide, both boating and diving routinely take place. Many such areas have manatee warnings as well. You are expected to proceed at idle or lowest speed that allows you to make way.

Diver flag on my kayak: [dead link removed]
Diver flag on cover of 1957 Skin Diver magazine:[dead link removed]


The flag your going to see in the United States of America 97.89% of the time when diving is being undertaken is the red and white, long recognized and accepted, Divers Down Flag. If you also see the Stars and Bars battle flag on the bow that means they are rednecks as well and are not likely to engage in a gentile argument concerning the finer points of obscure and mostly ignored international regulations. This is Amuricah.

H&D

gnr posted 05-24-2007 03:51 PM ET (US)     Profile for gnr    
highanddry,

A question for you.

If I am trolling along bouncing bottom with my downriggers for lake trout and I "catch" and injure or worse a diver who has strayed 600' from his clearly marked dive boat what would and should happen to me?

Let's assume that before I caught the diver I had altered my course to give a wide (600') cushion to the clearly marked dive boat.

jimh posted 05-24-2007 04:00 PM ET (US)     Profile for jimh  Send Email to jimh     
Tom--Yes, we were a long way off. I could see some tiny little black dots in the water which I assumed were the heads of a few divers around the boat. I could not see clearly any flag to distinguish it. I could see people waving their arms. There was no doubt in my mind they were diving. This has never been an issue. There is no doubt in my mind that my conduct in navigating my vessel was proper and in compliance with all regulations, perhaps even some town ordinace of the the village on the shoreline 15 miles to the east which apparently is construed to be applicable if you ask their sheriff about it. There is no doubt in my mind that our passage on our voyage around the island caused absolutely no danger to the divers, unless they were diving at an improbably long distance from their boat and had gone in the entirely opposite direction from their destination on the wreck. So, unless someone was there and wishes to offer contrary observations, I think it is somewhat presumptuous for people to make inferences about how I was navigating my boat.

If the boat was not a commercial dive boat, then it was a private boat that liked to go diving with a lot of people aboard. I cannot tell you much more about it because we never got very close to it. I do have excellent visual acuity.

It is clear to me from the COLREGS and the Michigan statutes that the divers were entitled by law to a certain safe distance, and that is what they got from me with very ample extra margin.

But what is not clear to me, still, is if there exists a reasonable expectation among the population of experienced divers who are also boat owners that on a large wreck site like this that the first guy gets an exclusive and everyone else has to stay very far away.

cooper1958nc posted 05-24-2007 04:26 PM ET (US)     Profile for cooper1958nc  Send Email to cooper1958nc     
Mr. Buckda mentioned in jest that one could don scuba gear to ward off boarding. He said you would have to be certified to do that. I believe there are no regulations requiring certification before diving, unless a landowner who has control over the dive site imposes them. For example, diving in a Florida state park requires certification because Florida has decided to require it as the landowner. They could presumably require other things as well, including equipment or gas minima. Diving offshore requires none of this.
K Albus posted 05-24-2007 04:32 PM ET (US)     Profile for K Albus  Send Email to K Albus     
As an experienced diver, I do not have any expectation one way or the other in that regard. If I want to dive a particular wreck that is marked with a mooring buoy, and another dive boat gets there before me, I will not approach any closer than a couple hundred yards unless I have received some kind of indication from the other boat that it is safe to approach. If I am moored first and there are other boats waiting to dive the wreck, I would expect them to maintain the minimum required distance until I gave them some type of signal that it was safe to come closer. If there are others waiting to dive the site, I will also move away from the mooring as soon as possible after completing my dive. I would have no problem with another anchoring near the wreck while I was diving, and sending down its divers while I was also down there, as long the other boat has maintained the minimum required distance from my boat.

On larger wrecks, there is often more than one mooring buoy, in which case, they are usually spread apart by some distance. In those cases, the second boat to the site is free to moor if a buoy is open.

On shallower wrecks and shallow reefs, I would generally drag the dive flag with me during the dive. On those occasions, I would expect any arriving boats to respect the 200 foot minimum distance from the dive flag.

There are of course some divers who believe that they own an entire dive site if they get there first. The same thing happens with fishing spots. It's usually best to avoid such people when you can.

highanddry posted 05-24-2007 06:15 PM ET (US)     Profile for highanddry  Send Email to highanddry     
gmr, hypotetical considerations are not going to bait me into an argument about what ifs. In my opinion and it is only an opinion, you were operating wisely by steering clear and with no intent of malice and I would not hold you responsible--that being for your hypothetical question as postulated. Why, have you snared a diver 600 feet from his boat, how much did he weigh, did you mount him or fillet him or was it catch and release, did you kiss him before the release? If it were a manatee or mermaid though, you in a heap of trouble boy.

Geeez.

highanddry posted 05-24-2007 06:17 PM ET (US)     Profile for highanddry  Send Email to highanddry     
What is not clear to me by the [jimh] is how so avid a Boston Whaler boater who has boated for years on the Great Lakes has never encountered divers there before and their divers down flags? How can that be?
highanddry posted 05-24-2007 06:31 PM ET (US)     Profile for highanddry  Send Email to highanddry     
I thought I might add something. We don't spearfish and we carry no weapons generally speaking of any sort but I have heard of some spearfisherman in the Gulf who are carrying Glock pistols--in the water with them while diving! Seems they were tired of bull sharks taking their catch away. It seems to me one might wish to give these guys more than 200 feet of birth, that is just me though, hauling one of them up on a hook could really be a bad hair day. They probably would not be in a generous mood to discuss the meaning of a flag that has been in use for half a century.


I believe in being nice, it is more fun when everybody is happy and shiny. It is easier to share than to be selfish.

Buckda posted 05-24-2007 06:43 PM ET (US)     Profile for Buckda  Send Email to Buckda     
Clarification - I believe it was BINKIE who suggested diving as a way to avoid law enforcement...not me.

H&D -

I think diving is gaining popularity in the Great Lakes....but by and large, I think in the past it has been relatively rare as compared to fishing and recreation (and commercial) activities on the lakes. In the Southern portion of Lake Michigan, Lake Erie and Lake Ontario - the water is certainly warm enough to generate some enthusiasm for going under and staying there.

Northern Lake Michigan, Lake Huron and Lake Superior enjoy incredible water clarity, but it is also very cold water. I believe that thins the herd, so to speak.

I agree that it is pretty presumptious to assume that JimH and I, and Backlash (Who were all there at the time) were operating or navigating the boat in an illegal or inappropriate manner without having been there.

The occupants of the boat were quite animated. You could have made out their gestures from 1,500 feet away, I'm sure.

Maybe they were having seizures.

Dave

jimh posted 05-24-2007 08:33 PM ET (US)     Profile for jimh  Send Email to jimh     
Most of the places I boat in the Great Lakes are in the northern areas. We seldom see any other boats, let alone boats engaged in diving.

Based on what has been said here, next time I go by the MORAZAN if there is a boat anchored off one end of the big wreck, I will slowly approach the other end and enjoy the view.

Chuck Tribolet posted 05-25-2007 12:35 AM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
There's no law that I know of that requires you to be a
certified diver to dive (most places, there are exceptions),
however:

1. You are unlikely to be able to buy or rent SCUBA gear without
a certification.

2. Not having the skills you learn in the basic "open water
I" SCUBA class is very likely to make you dead or a vegetable.

Diving is becoming more popular in the Great Lakes because
the Zebra Mussels are making the water clearer. In some cases,
a LOT clearer.

Dive flag laws DO vary a great deal from state to state.
And so does the enforcement. About four years ago, a diver
got run over by a boat right next to a boat flying a dive
flag and killed. The captain of the dive boat was on the
load hailer warning them off when the accident occured.
The authorities did not prosecute on manslaughter, though
IIRC they did on BUI (for the SoCal folks, this was at
Catalina).

So net: please stand well clear of a dive flag, whatever
color it is. If you do need to approach, do so at idle
speed with sharp and multiple sharp lookouts.


Chuck

highanddry posted 05-25-2007 03:51 AM ET (US)     Profile for highanddry  Send Email to highanddry     
I never assumed anybody was doing anything illegal, it is clear to me there is a desire to split hairs in order to justify doing as one pleases because instead of an alpha flag they were flying the much more common and legally accepted red and white Diver Down flag. [Actually there is no basis at all for this accusation, because, in the initial article in the thread, it was put forth that for the purpose of this discussion it could be assumed that the diving boat was showing all the proper flags, so highanddry is apparenty trying to ignore that and invent his own accusations--jimh] I think I see that there is a desire to justify encroaching upon a diving operation in progres. I don't think GOD has a ruler, I said it before, 178 feet or 230 feet, a diver in a propeller is going to ruin the day for a lot of people. I am not going to rationalize right and wrong for you, it is not a sliding scale, the Golden Rule always applies. If that were your children, your wife, your friends diving, are you going to be comfortable with an unknown vessal that close manuvering with a running engine---if you would not be comfortable in that same situation---you have your answer. Do unto others as you would have them do to you.
Plotman posted 05-25-2007 11:04 AM ET (US)     Profile for Plotman  Send Email to Plotman     
Since you were in a National Park, here is what the NPS says about the diver down flag - albeit from the Isle Royale boating guide:
quote:
Diver Down Flag

This flag may be flown from a vessel or a float and
signifies that divers are below and caution is
required. Vessels must not exceed 5 mph or create
a wake within 200' of a Diver Down flag. Establish
and maintain communications with dive boats displaying
a flag before approaching. Flag colors are
red and white.


URL: http://www.nps.gov/isro/planyourvisit/upload/Boating%20Guide.pdf

Would seem to say that you are not excluded from the area, but that you must use common sense precautions when approaching.

gnr posted 05-25-2007 11:53 AM ET (US)     Profile for gnr    
H&D

It was a sincere question. You seem to be educated on the subject and seem to have an impassioned opinion so I asked you.

I often fish in the area of a couple of popular dive locations on Lake Champlain and have been in this situation before.

Didn't mean to get your blood pressure up.

jimh posted 05-25-2007 12:44 PM ET (US)     Profile for jimh  Send Email to jimh     
So far it seems that in the referenced situation we were bound by the following rules to navigate our vessels thusly:

COLREGS: To keep out of the way of the other vessel displaying an ALPHA signal flag replica or proper daymarks. (Cf RULE 18, 27)

STATE OF MICHIGAN: To not operate my vessel within 200-feet of the boat or buoy displaying a red flag with a diagonal white stripe. (Cf.: Section 324.80155)

NATIONAL PARKS: To not create a wake or exceed 5-MPH within 200-feet of the Diver Down flag; to establish communication with a vessel displaying the Diver Down flag before approaching. (Cf: a web site)

This last one is the most interesting. It does not say to stay out or stay away, it just says to go slow, make no wake, and contact the other vessel before approaching.

This discussion is not about splitting hairs, making arguments on fine points, or rationalizing. (By the way, "rationalize" means to prove true something you know is false.) The discussion is about what the actual rules are, not what people think the rules are. Many people offer their opinions on what the actual regulations which govern boating are believed to say, but, in general, I have found that the actual regulations are generally clearly written and make their intentions clear.

As for exposure to lawsuits, attacks from hostile divers with Glock firearms and spearguns, or fist fights, we will leave all that for other websites whose focus is more on the banal.

highanddry posted 05-25-2007 12:45 PM ET (US)     Profile for highanddry  Send Email to highanddry     
gnr your question was fair and was a good question, as has been said, rules, laws and local variations abound. You just have to apply good thinking, common sense. It is not expected that a dive boat should be able to take over the ocean. Your within your rights to continue your fishing, just not within 200 feet of that flag. The fisherman have a right to enjoy their sport as well. One thing to keep in mind, a dive boat is not going to be there all day, they are usually in the water only a short while, surface interval, maybe another dive and then they are gone or at least should be. During that surface interval or any period in which there are not divers in the water or immediantly preparing to get in the water the flag should be pulled down. During these times other boats csn approach, anchort, tie up, sight see grab a fish or whatever. That is my opinion. One boat cannot monopolise the water. But when that flag goes up, your obligated to remain clear and use caution.

I agree, some dive boat skippers need to be remnded that they cannot tie up an entire wreck or reef, they only own that 200 feet, If it is a large wreck, I should expect that another boat could come in and anchor or moor, just use caution. If they wave like crazy people, wave like crazy people back at them, just make sure your not running over their diver while doing it. Hail them on the radio, tell them what your doing if possible.

K Albus posted 05-25-2007 01:24 PM ET (US)     Profile for K Albus  Send Email to K Albus     
Jim, there is another aspect of your problem which deserves attention. You stated that you never saw a dive flag. You also stated that you could see people in the water. If you review the Michigan dive flag statute, you will see that, by its clear language, it does not apply to snorklers. It is quite possible that the people you encountered were not divers, and were not familiar with the laws, rules, and practices of diving.

If the persons you encountered were snorklers, MCL 324.80145 would apply. MCL 324.80145 requires you to operate your vessel at a safe speed and to refrain from interfering with others' lawful use of the waters. See http://www.legislature.mi.gov/(S(nxi0tc3o0st2t355i01zxvvr))/mileg. aspx?page=getObject&objectName=mcl-324-80145
There are also additional statutes governing reckless boating and no wake zones which may be applicable.

K Albus posted 05-25-2007 01:31 PM ET (US)     Profile for K Albus  Send Email to K Albus     
With regard to the National Park Service brochure, I would not count on that purported dive flag rule being enforced as law. The only official regulation concerning diving in National Parks which I have been able to locate is 36 C.F.R. 3.23, which merely requires the use of a standard dive flag if diving in an area open to use by vessels other than hand propelled vessels. See http://a257.g.akamaitech.net/7/257/2422/01jul20061500/edocket.access. gpo.gov/cfr_2006/julqtr/36cfr3.23.htm

The regulations do not include any express language permitting a vessel to proceed at no-wake speed through the 200 foot restricted area.

where2 posted 05-26-2007 11:28 AM ET (US)     Profile for where2  Send Email to where2     
The most interesting thing I have ever been cited for was failure to display dive flag. In Florida, one must display a dive flag if one has put a mask on and is in the water, period.

As for the concept of four boats having already converged on a 350ft wreck and you being the fifth boat to arrive, nothing limits you from setting anchor outside the 100ft radius, and towing your own dive flag in, or picking up your anchor and towing your own boat in using your fins. You are simply limited to not motoring within 100ft of any "diver down" flag being flown.

As for diving increasing in popularity in the Great Lakes, I find it humorous. My father and his brother grew up in Illinois and learned to scuba dive in the great lakes 50 years ago. This was before the days of "certification" and classes on scuba diving, when 2 hose regulators and steel tanks were the all there were (no bouyancy compensators even).

As the number of boating fatalities increases in Florida each year, I have come to the realization that no matter whether I have posted a "Diver Down" flag or an "Alpha" flag on the boat, I will tow my own floating dive flag with me while I am snorkeling. I have had more close calls with idiots and folks who rented personal watercraft for the day, than I care to discuss. If I am injured or killed by an idiot, I want my family to be able to utilize the full extent of the law to prosecute the idiot. I want there to be no reasonable doubt that I was within 100ft of my dive flag, which has a 50ft rope on it. Towing a flag with me is only required in Florida if I have no boat to fly the flag from (typically, when diving off the beach). However, there is no limitation on the number of flags I can fly if I wish to fly one off the boat and one on a float I tow with me.

I can see in California kelp would be a problem in towing a flag with me... I'd never considered that Chuck.

In my area of Florida, it is common to see a commercial dive boat displaying an "Alpha" and "Diver down" flag motoring while following an orange boat bumper in the ocean. The leader of the dive group holds the other end of the rope on the bumper. Divers in the group are instructed that if they need to surface, they should follow the rope to the surface to aid the boat in locating them to pick them up. When diving along the edge of the gulfstream, it is difficult to anchor and return to a boat at anchor when there is a constant four knot current running North, especially when fully suited in a complete set of modern scuba gear.

Tom W Clark posted 05-26-2007 11:40 AM ET (US)     Profile for Tom W Clark  Send Email to Tom W Clark     
Jim,

Is it possible the other boats was signalling for your assistance? Perhaps they had a dead battery and needed a jump start.

I find it hard to believe that a boat would try to "wave-off" another boat at a distance of 1000 feet.

Binkie posted 05-26-2007 12:03 PM ET (US)     Profile for Binkie    
1000` is a par 4 golf hole, At that distance, it is hard to make out features, or even a smaller dive flag. I think these people were either doing something illegal, and wanted to wave you away, or needed assistance. Me being nosy, I would have eased my boat in closer, and put my glasses on them to try to determine what was up. You were certainly within your rights to do this.

Rich

jimh posted 05-26-2007 12:21 PM ET (US)     Profile for jimh  Send Email to jimh     
A boat in distress shows different signals.

From a Coast Guard web site:
------
Visual Distress Signals
All vessels used on coastal waters, the Great Lakes, territorial seas, and those waters connected directly to them, up to a point where a body of water is less than two miles wide, must be equipped with U.S.C.G. Approved visual distress signals. Vessels owned in the United States operating on the high seas must be equiped with U.S.C.G. Approved visual distress signals.
------

If they were in distress I am certain they would have displayed the proper visual distress signal, perhaps a flare or a smoke signal or

Orange distress flag

Day signal only.
--Must be at least 3 x 3 feet with a black square and ball on an orange background.
--Must be marked with an indication that it meets Coast Guard requirements in 46 CFR 160.072.
--Most distinctive when attached and waved on a paddle, boathook, or flown from a mast.
--May also be incorporated as part of devices designed to attract attention in an emergency, such as balloons, kites, or floating streamers.

I have all this stuff on my boat, and if I were in distress and saw three other boats approaching, I would show them the visual distress signals.

I do not quite understand why there is an ongoing need to conjecture about the other vessel. As I initially stated, for the purpose of this discussion we can assume they were showing all the proper signals, flags, day shapes, maintaining radio watch, and so on. You can also assume they are not armed with Glock pistols and spear guns, nor engaged in something illegal. I am more interested in the actual regulations that affect me--a non-diving boat approaching a wreck site--and in the usual customs and etiquette among divers. These things are written down or handed down from experience. Wild speculation about the other boat is not a particularly profitable way to proceed in the discussion. We could speculate they were recovering a lost alien space craft, but, again, that is somewhat speculative.

My special thanks to K Albus for his many citations of the actual regulations involved here.

jimh posted 05-26-2007 12:29 PM ET (US)     Profile for jimh  Send Email to jimh     
Tom--If they needed a jump start, I do have some cables onboard for emergencies. But I would first just disconnect one of my two cranking batteries and hand it over to them.
Binkie posted 05-26-2007 01:21 PM ET (US)     Profile for Binkie    
jimh, I think that because you know what your doing, that you think everyone else must know also. In real life that ain`t so, as you must know.

Also there is no flag, shape or light to show if your doing something illegal, like stealing artifacts off the ship.

Rich

Kevin Cook posted 05-31-2007 10:14 AM ET (US)     Profile for Kevin Cook  Send Email to Kevin Cook     
This really boils down to what is the law versus what is good seamanship.

Anyone that dives knows that there are many divers that always get "lost" when they go down. They can end up hundreds of feet away from their boat and not even realize it. In New England we are thrilled to have 10' of visibility, some days we would just like to be able to see our hands. Just imagine going down 50', closing your eyes and swimming around for an hour. Now find the anchor line so you can ascend. It is almost impossible for good divers....for average divers it IS impossible.

Good Seamanship dictates that you stay WELL away from the dive flag, especially if you are unfamiliar with how divers may actually be using the particular dive site and where they are likely to have wandered off.

Personally I think 500' minimum at idle speed is reasonably safe. If you don't need to be in the location or are traveling faster then 1000' is better.

BTW, we always fly the Alpha flag and the diver down flag. The Alpha flag to be legal and the dive down flag because nobody knows what the Alpha flag means <g>.

The other boat probably over reacted but if you had ever been run over you'd understand their anxiety. Were there three boats approaching or just one? If three were approaching then no wonder they were freaking out.

Be Safe,
Kevin

2manyboats posted 05-31-2007 01:05 PM ET (US)     Profile for 2manyboats  Send Email to 2manyboats     
Some years back on the way to fish some of the offshore wrecks in the Gulf (about 20 miles out)we noticed a boat anchored about half a mile from where the wrecks are.

There was no wind and slick seas, as we got closer to the boat we could see a dive flag, we also noted that the four guys on the 20ft boat were bottom fishing and doing quite well.

As we drifted closer with the motor running but in neutral they began to yell and scream about the danger we were causing the divers. We were still about 150 to 200ft from their boat so I killed the engine and continued my drift. Once we were about 500ft past I restarted the engine , made a big circle and started another drift about 500ft above them.

This pass took us a little closer , they were still yelling and fishing and we were still drifting. I did get close enough this pass to ask if their fishing put the divers ( that I had started to doubt were in the water)in danger . They said no just my boat was the problem.

As I started my third pass we had been in the area for almost an hour, seen no divers , no bubbles and given the water was 75 ft deep were sure they were not diving, but instead using the dive flag to keep others away from their fishing spot.

So every pass we made after this one we would drop down a couple of lines , catch a couple of nice red snapper and then go around again .We did this for about another hour , never saw any divers , caught alot of nice fish and made the guys in the anchored boat made enough to pop.

In 30 years fish offshore we never had anybody act this way, we have shared many a wreck or oil platform with other boats and as long as anchored lines or fishing lines don't get tangled there is never a problem

Chuck Tribolet posted 05-31-2007 07:11 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
2manyboats: why would 75' mean nobody was diving?


Chuck

jimh posted 05-31-2007 07:55 PM ET (US)     Profile for jimh  Send Email to jimh     
Three boats were approaching. All Boston Whalers. The other fellows probably thought we were a boarding party from HOMELAND SECURITY. They did not want us to see the alien space ship they were trying to raise. No problem generally with salvage of alien space craft, but in a National Park you need a special permit for it.

And those are some crafty fishermen, too. Using that dog-gone dive flag like that.

Binkie posted 05-31-2007 08:30 PM ET (US)     Profile for Binkie    
Jimh,
Fishermen using a dive flag to keep other fishermen off their site is a form of misrepresentation. No different than some burglars pulling up to your home and backing a moving van into your driveway on a weekend your not home and stealing all your furniture. No, wait thats not a good analogy. That would arouse suspicions from neighbors. Make it a Goodwill truck and pretending to deliver furniture.

Rich

where2 posted 05-31-2007 10:06 PM ET (US)     Profile for where2  Send Email to where2     
As for 2maynboats who intentionally drifted past the guys with the dive flag up. I've knocked my head on the underside of my own boat while free diving. Remind me to watch out for your boat as well... My head still hurts thinking about that afternoon. I still don't remember why I neglected to look up to realize I was trying to surface right under the boat...

As for nobody diving in 75' of water, I'm with Chuck, 75' is just getting started, and if there is any subsurface current, your bubbles may not be surfacing directly above you. That's why commercial boats around here don't follow the bubbles to keep track of a dive party on the bottom. You follow the "dive ball" (orange bumper/fender).

As for you folks who think 10' is good visibility, come to my house, I'll let you free dive for my wrenches in the canal behind the house with zero visibilty. I'm spoiled, I learned to snorkel in water where 30' visibility was a lousy day.

2manyboats posted 05-31-2007 11:33 PM ET (US)     Profile for 2manyboats  Send Email to 2manyboats     
The dive charts my freinds who are divers use limit your dive time at 75 ft to less than one hour, so the fact we were in the imediate area for about two hours total and saw no one surface, I know no one was in the water.

Chuck and where2 how long do you stay down at 75 ft.?

Frank O posted 05-31-2007 11:53 PM ET (US)     Profile for Frank O  Send Email to Frank O     
Having gotten the sensor-failure alarm on my outboard fixed, we went out Monday and did some freediving in Palos Verdes, Calif. Flew both the alpha and diver-down flags as usual:

http://www.inkbox.net/images/whale-rock-kick.jpg

Due to red tide, visibility was only 6 to 8 feet, so while I didn't hit my head on the boat, we had to be careful not to run into some of the rock pinnacles we were diving around at Pt. Vicente.

At one point we noticed another dive boat on a local wreck, and after they failed to answer two hails on channel 16 I approached very slowly to just within yelling distance to ask them about the visibility they were seeing. All of them appeared to be onboard, and no divers were hurt in this maneuver.

At the second dive site, I forgot to hoist the dive flags (given that we have to take them down when we're running). So even though the chance of getting a ticket in California is slim, I swam back over at one point to take care of that.

If I'm diving on scuba and breathing plain air, I'd limit a 75-ft dive to about 45 minutes (the "120 rule" -- 120 minus depth in feet equals approximate maximum bottom time). If (as is nearly always the case) I'm using 32% nitrox as the breathing gas, I'd increase this by about 15%. However, my friends who are trained in deco diving might well stay down two hours, with the understanding that they would have to spend more time performing decompression stops on the way up.

Chuck Tribolet posted 06-01-2007 07:59 AM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
75' would be about 50 minutes run time on 32% Nitrox and an
HP 100 tank. But a deco diver could easily run a couple
of hours.

I do agree that the fellows 2manyboats saw were
using a dive flag to keep other fishers away and I hope he
got the numbers on their secret fishing spot.


Chuck

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